GSB# 2019-1746

UNION# 2019-0584-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Eckert et al)

Union

• and -

The Crown in Right of Ontario (Ontario Clean Water Agency)

Employer

BEFORE

Tatiana Wacyk

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jordanna Lewis Treasury Board Secretariat Legal Services Branch Counsel

HEARING

December 2, 2020

DECISION

1The Employer requests an order requiring the Union to set out written particulars of the allegations being advanced in these Grievances. 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 Grievors’ 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 January 7, 2021.

5The Employer has undertaken to provided disclosure of all arguably relevant materials to the Union by no later than January 21, 2021.

6The hearing date of January 5, 2021 is adjourned on consent of the parties.

7A new hearing date will be set with the assistance of the Registrar.