GSB# 2019-1890

UNION# 2019-0584-0004

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)

Union

• and -

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

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Maria-Kristina Ascenzi Treasury Board Secretariat Legal Services Branch Counsel

HEARING

December 14, 2020

Decision

1On August 12, 2020, the instant grievance, wherein the grievor alleges that the employer failed to schedule him for certain overtime hours that became available on July 7, 2019, came before the Board pursuant to article 22.16 of the collective agreement. It was advised that there were several areas of factual dispute which had not been particularized. With my assistance, the parties agreed upon a timetable for exchange of particulars starting with the providing particulars by mid-October 2020, to enable the mediation-arbitration to proceed on January 28, 2021.

2When the Board convened on December 14, 2020, at the employer’s request, it was advised that to date the union had not provided particulars.

3Having considered the respective positions of the parties the Board orders as follows:

The Union shall provide the employer with full written particulars of the material facts on which it relies no later than Monday January 11, 2021. With respect to each act or omission alleged therein, the particulars shall state what was done or not done, when, where, by what means and by whom. The allegations of fact set out in the union’s particulars should be sufficiently comprehensive that it would be unnecessary for it to call evidence, if the employer were to admit that all of those allegations of fact were true. If the need arises, the deadline for providing particulars set out herein may be changed by agreement of the parties or further order of the Board.

4If the union fails to provide particulars of an allegation in compliance with this order, it may not introduce evidence about that allegation in this proceeding without leave. If particulars are not provided, or if particulars provided do not establish a prima facie violation the grievance may be dismissed summarily.

5The Board remains seized. The hearing will proceed on January 28, 2021 as scheduled.