GSB# 2021-0399; 2021-1012; 2021-1519; 2021-1706

UNION# 2021-0542-0007; 2021-0542-0008; 2021-0542-00102021-0542-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Michael)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Tatiana Wacyk

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean White Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 26, 2022 (by video conference)

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 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 for Grievance #2021-0399 by no later than February 11, 2022.

5The Union is directed to provide the above particulars for the remaining Grievances by no later than July 15, 2022.