GSB#2017-2259

UNION#2017-5112-0242

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Laryea)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 27, 2018

Decision

1This is a discharge case. The Employer seeks to rely upon new allegations which were not among the allegations originally relied upon as grounds for termination. The parties have requested that a bottom line decision be given at this time with reasons to be provided at a later date.

2Having considered the submissions of the parties, I order that the Employer will be able to rely on the new allegations as additional grounds for termination, subject to the following conditions:

a. The Employer’s case in chief will be divided into two parts: the original allegations and the new allegations. I note that it is not apparent to me that there will be much, if any, overlap in the evidence with respect to the original allegations and the new allegations. The Employer’s case in chief with respect to both the original allegations and the new allegations will be completed before the Union is required to commence its case in response with respect to either set of allegations.

b. The Employer will complete its case in chief with respect to the original allegations prior to calling any evidence with respect to the new allegations. If necessary, the Employer may recall witnesses when presenting its case in chief with respect to the new allegations. The Union’s cross examination of the Employer’s witnesses during the part of the case dealing with the original allegations need not address any issues related to the new allegations.

    1. A reasonable amount of time prior to commencing its case in chief with respect to the new allegations, the Employer is to provide the Union with full particulars with respect to those allegations.  

d. Nothing in this decision precludes the Union from seeking an adjournment of these proceedings prior to the commencement of the Employer’s case in chief with respect to the new allegations based on the circumstances which exist at that time.