GSB#2020-2914

UNION#2021-0526-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mohamed)

Union

• and -

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

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Adam Veenendaal Morrison Watts Counsel

FOR THE EMPLOYER

Regina Wong Legal Services Branch Treasury Board Secretariat Counsel

HEARING

July 21, 2022

Decision

1On April 4, 2022, the Parties attempted to mediate a settlement of this case but were not successful. Following that mediation date, I issued an Order on April 7, 2022, ordering that the Union provide revised particulars to the Employer no later than June 21, 2022, in advance of our next hearing date which was July 21, 2022.

2Prior to July 21, 2022, I was advised by Union Counsel that the Order for revised particulars was not met because the file had been transferred to him without sufficient details and because he was having difficulty obtaining clear information from the Grievor. At the hearing on July 21, 2022, Employer Counsel advised that she had given the Union an extension to provide revised particulars but, notwithstanding that extension, the Union was not able to meet the new deadline. Counsel noted that the Employer is concerned about extending the timeframe for providing revised particulars which could extend its ongoing liability in this case. Counsel advised that if and when revised particulars are shared by the Union, the Employer will be asking for a limitation of on-going liability. Employer Counsel also took the position, that failing the provision of revised particulars, the Employer will be brining a motion to have this case dismissed.

3The next scheduled hearing date is September 28, 2022. Having regard to the unique circumstances of the Union’s difficulty in gathering particulars in this case, and my concern about the Grievor’s ability to clearly communicate with Counsel and the Union, I will extend the deadline for the provision of revised particulars to August 29, 2022. If there are any medical reasons why the Grievor is unable to provide particulars or participate in this proceeding, the Grievor is required to provide a medical note explaining why he cannot comply with this Order or why he cannot participate in this proceeding.

4Should the Union be able to provide the revised particulars by August 29, 2022, the Employer will advise the Union, no later than September 14, 2022, of any preliminary objections it plans to raise at the hearing.