GSB# 2016-1572; 2016-1573; 2018-1881; 2018-1882; 2018-1883; 2018-1884; 2018-2469; 2018-2470; 2018-2471

UNION# 2016-0230-0017; 2016-0230-0018; 2018-0230-0003; 2018-0230-0004; 2018-0230-0005; 2018-0230-0006; 2018-0230-0008; 2018-0230-0009; 2018-0230-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Holita)

Union

• and –

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Tatiana Wacyk

Arbitrator

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

June 7, 2019

Decision

1The Employer requests an order from the Board requiring the Union to set out written particulars of the allegations being advanced by the Grievor concerning discrimination, harassment and the failure to accommodate her disability. Specifically, the Employer seeks the “Who, What, When and Where” of each allegation being advanced.

2Further to the submissions of counsel, the Union is directed to set out written particulars for each of the Grievor’s allegations, as follows:

• what is alleged to have been done or not done;
• when; where; by what means and by whom; and
• identifying by name any individual whose actions are being attributed to an organization.

3For greater clarity, as stated by Vice-Chair Gray at paragraph 5 of his decision in OPSEU (Morgan) and the Ministry of the Attorney General, (December 3, 2010):

5…. Conclusory statements based on unparticularized allegations of fact are not sufficient and do not constitute particulars for purposes of this order. For example, it is not sufficient or appropriate for particulars to allege that “A harassed B” without also describing with particularity the acts or omissions of “B” relied on and any circumstances or characteristics of “A” that are pertinent to the allegation that those acts or omissions of “B” amount to “harassment” of “A” in the circumstances.

4The Union is directed to provide the above particulars by no later than 30 days prior to the next hearing date.