GSB#2016-0473, 2016-1897, 2016-2205, 2017-0263, 2017-0264

UNION# 2016-0504-0007; 2016-0504-0008;

2016-0504-0010; 2017-0504-0001; 2017-0504-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Di Matteo)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Felicity D. Briggs

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Henry Huang Treasury Board Secretariat Legal Services Branch Counsel

HEARING and TELECONFERENCE

July 26, 2017 and September 6, 2017

Decision

1Lilianna Di Matteo filed five grievances including an allegation of unjust termination of employment. After a number of unsuccessful attempts at mediation the hearing into this matter began with an Employer request for particulars. The grievor resisted this request and asserted that the Employer should provide particulars in these circumstances first.

2Both parties made short submissions regarding particulars and the Board order that both sides are to exchange particulars on the same day to be determined. In this regard a conference call was held in early September.

3During that teleconference the matter of dates for particulars were discussed after both parties made clear to the Board that there is much desire that this litigation begin as soon as possible. Hearing dates are set for April of 2018 but the parties were assured that in the event other dates become available due to the cancellation of other matters these dates will be offered and perhaps we can begin at an earlier time.

4Mr. Huang and Mr. Hannigan were told that particulars are to be exchanged at the end of business on Friday October 13, 2017. A copy of the particulars will be sent to the Board.

5Each party has an opportunity to respond to the particulars of the other side and these documents shall be exchanged at the end of business Friday November 17, 2017. Again, a copy will be provided to the Board.

6The parties are to provide will-say statements from their primary witness. These will be exchanged – and provided to the Board – at the end of business December 1, 2017. It is understood that some time will be allowed for examination in chief but it is expected that the vast majority of their evidence will be provided by way of the will-say statements. Each witness will be subject to cross-examination and re-examination as in the normal course of events.

7Both parties have until the end of business Friday December 8, 2017 to notify the other side and the Board in the event that there are preliminary matters that need to be considered. It is hoped that if there are such issues they will be dealt with via teleconference to allow litigation to begin our next hearing date.

8I remain seized.