GSB# 2019-2015; 2020-1047; 2020-1048; 2021-0190; 2021-0392; 2021-0754; 2021-0755; 2021-0914

UNION# 2019-5112-0224; 2020-5112-0140; 2020-5112-0141; 2021-0582-0079; 2021-0582-0091; 2021-0582-0098; 2021-0582-0099; 2021-5112-0127

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Husain)

Union

• and -

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

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Adam Veenendaal Morrison Watts Hurtado & Buchner Counsel

FOR THE EMPLOYER

Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 31, 2024, by Conference Call

Decision

1The Board is seized with eight grievances filed by Correctional Officer Ms. Zareena Husain. All of which were consolidated by agreement.

2When the Board convened on November 14, 2022, and again on August 2, 2023, the parties attempted to settle these grievances through mediation, but were unsuccessful. At the end of the day on August 2nd the parties discussed about the process for arbitration. The union undertook to provide its particulars with respect to the grievances no later than January 19, 2024, in preparation for arbitration.

3At the hearing convened by way of a conference call on January 31, 2024, the Board was informed that the union had not provided any particulars as of that date.

4Having received presentations from both counsel, the Board advised that in the circumstances, it would be issuing an order to the union to provide particulars, to enable arbitration to proceed on the dates, which are scheduled.

5That order is as follows:

The union shall provide the employer with full written particulars of the material facts on which it relies no later than Friday March1, 2024. 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 by further order of the Board.

6If the union fails to provide particulars with respect to an allegation in compliance with this order, it may not introduce evidence about that allegation in this proceeding without leave. Moreover, although the Board will not lightly exercise it, it has jurisdiction to dismiss a grievance for failure to comply with an interim order. See, Re Kay (A.T.U. Local 1587) and Metrolinx, GSB 2019-1164 (Flaherty) and authorities cited therein.