GSB# 2019-2087

UNION# 2019-0302-0034

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grieve)

Union

• and -

The Crown in Right of Ontario (Ministry of Health)

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Farnaz Talebpour Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Jordanna Lewis Treasury Board Secretariat Labour Practice Group

HEARING

December 2, 2021

DECISION

1The Board is seized with two grievances relating to two job competitions and alleged discrimination, filed by Ms. Grace Grieve. When the Board convened the parties agreed to use the day for mediation. However, it soon became apparent that this was very unlikely to be productive since there had been no meaningful exchange of particulars or production of documents between the parties. Opposing counsel did not have an understanding of the allegations or positions of each other. In the circumstances, the Board advised that an order for particulars and production would be made. This decision is issued for that purpose.

2The Board accordingly orders as follows:

Each party shall provide the other with full written particulars of the material facts on which it relies on in this proceeding, together with copies of any documents that are in its possession, custody or power on which that party wishes to rely on. The foregoing shall be done in accordance with the requirements in this order and the timetable set out.

3With respect to each act or omission alleged in the particulars, each party shall state what was done or not done, when, where, by what means and by whom, identifying by name any individual whose actions or omissions are being attributed to the employer. Conclusionary statements based on unparticularized allegations of fact are not sufficient. The allegations of fact set out in a party’s particulars should be sufficiently comprehensive that it would be unnecessary for that party to call any evidence if the opposite party were to admit that the allegations of act were true. It is not necessary for a party to set out in its particulars the evidence by which it intends to prove any of the allegations of fact set out.

4At the time the employer provides its particulars and production pursuant to this order, it also shall provide to the union notice of any preliminary motions or objections it intends to make in these proceedings.

5“Documents” ordered to be produced herein means any record of information in whatever form, physical or electronic.

6The orders herein shall be complied with in accordance with the following timetable:

(a) The union shall provide to the employer its particulars and production no later than Monday February 28, 2022.

(b) The employer shall provide its particulars and production, as well as notice of any preliminary motions or objections, no later than Thursday March 31, 2022.

7A party that fails to comply with the terms of this order may not lead evidence, introduce documents, or introduce motions or objections in these proceedings without the agreement of the other party or leave of the Board.

8The orders herein may be modified by agreement of the parties, or by further order of the Board.

9These proceedings will continue on the dates to be scheduled by the Registrar. The Board remains seized