GSB#2013-2623

UNION#2013-0263-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sidsworth et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

CONFERENCE CALL

February 23, 2015

Decision

1A group grievance filed by a number of Probation and Parole Officers was scheduled for hearing before the Board on February 24, 2015.

2A hearing by conference call was held on February 23, 2015 at which the employer advised the Board that despite its requests, no particulars had been provided and no disclosure made by the union with regard to the violations of the collective agreement alleged in the grievance. Counsel requested that the Board order the union to provide particulars and make disclosure.

3The union requested that the hearing scheduled for February 24, 2015 be adjourned to permit it to obtain the information necessary to provide particulars/disclosure.

4Having considered the respective positions of the parties, the Board hereby orders as follows:

(a) The union is ordered to provide particulars relating to all allegations and claims made in the grievance.

(b) The union is further ordered to make disclosure to the employer of documents of any kind arguably relevant to the particulars provided pursuant to (a) above.

(c) The orders made herein at (a) and (b) above shall be complied with no later than Friday March 20, 2015. In the event of non-compliance, the grievance shall be dismissed at the instanced of the employer. The only issue the union may raise before the Board would be whether or not it had complied with the orders.

5The Board remains seized.