Ontario Public Service Employees Union (Schnoflak) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2019 CanLII 56392

GSB#2017-3409

UNION# 2017-0368-0552

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Schnoflak)

Union

• and -

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

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Shiran Brener Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 24, 2019

Decision

1I have before me a grievance dated December 26, 2017, filed on behalf of Correctional Officer (“CO”) M. Schnoflak. CO Schnoflak is employed at the Central East Correctional Centre at Lindsay. The grievance claims that the Employer contravened article 3 and 9 of the Collective Agreement, the Ontario Human Rights Code, the Occupational Health and Safety Act and certain Employer policies.

2At the hearing on May 24, 2019, an issue relating to the adequacy of the Union’s particulars was addressed. Employer counsel took the position that the matters raised in paragraphs 18, 19, 20, 21, 22, 23 and 25 were not sufficiently particularized. Union counsel did not challenge the Employer’s position, but noted that CO Schnoflak was reluctant to disclose further information about these matters out of a concern that there could be consequences for him in the workplace if he did so.

3I agree with the Employer’s position that the paragraphs in the Union’s particulars noted above are not sufficiently particularized. To address this matter I direct CO Schnoflak to provide Union counsel with the information, including where necessary the names of those that participated in the matters described in the noted paragraphs, so that the Union is in a position to provide adequate particulars. The failure by the Union to further particularize the noted paragraphs may lead to an Employer motion to strike the deficient paragraphs. The further particulars are to be provided to Employer counsel by no later than July 15, 2019. The hearing of this matter shall proceed on the dates scheduled.