GSB# 2021-2048

UNION# 2021-0310-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Thompson et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour, Immigration, Training and Skills Development)

Employer

BEFORE

Annie McKendy Arbitrator

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

June 21, 2022

DECISION

1This is an order that the Union provide particulars to the employer of any allegations of harassment that the Union intends to raise at arbitration. The parties consented that particulars be ordered, but a dispute arose relating to the timing of the provision of particulars.

2In the course of the first day of mediation-arbitration held on June 21, 2022, the Employer requested additional particulars from the Union with respect to allegations of harassment made by the grievors against their manager. The Union did not take issue with the substance of Employer’s request, but asked that they have until September 30, 2022, to provide the particulars pursuant to a consent order.

3The Employer did not consent to the proposed date, but rather took the position that they should be provided no later than August 14, 2022. Though the next hearing date is not scheduled until February 3, 2023, the Employer submitted that the manager against whom the allegations were being made was scheduled to return to the workplace in the coming months, and that the particulars were needed in order to fully understand the allegations before returning the manager to his position.

4Counsel for the Union explained that he has three weeks of scheduled vacation beginning on August 15, 2022, and that he required additional time beyond the Employer’s requested date to provide particulars.

5After hearing from both parties, I orally issued an order that particulars of the harassment allegations which the Union intends to raise at arbitration are to be provided to the Employer no later than September 16, 2022. This date will accommodate counsel’s request for additional time, while also providing the employer with the necessary information as early as practicable. I hereby confirm the order that the Union will provide the above-noted particulars to the Employer no later than September 16, 2022.