GSB# 2021-2591

UNION# 2021-0228-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (De Sousa)

Union

• and -

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

Employer

BEFORE

Annie McKendy

Arbitrator

FOR THE UNION

James Sommerville Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Dimitrios Molos Treasury Board Secretariat Legal Services Branch Counsel

HEARING

February 16, 2024

Decision

1This is an Order requiring that the Grievor provide particulars to the Employer by February 23, 2024, failing which, the grievance may be dismissed.

2The Parties attended a hearing on July 18, 2022, during which they engaged in case management. The Parties agreed that the Union would provide full particulars by November 23, 2022. Particulars were not forthcoming. The Employer again requested particulars by email on November 25, 2022. Some particulars were provided, but they did not include particulars with respect to the date upon which the Grievor alleges that the employer violated Article 31A.15 of the collective agreement and that the grievance thereby crystalized. The Employer again requested particulars on April 13, 2023. The Union provided amended particulars, but the Grievor did not provide the aforementioned information.

3The Parties advised that the Employer provided all relevant production to the Union on July 6, 2023.

4The Parties met for a second day of hearing on December 21, 2023, during which they again engaged in case management. The Employer requested an order for the Grievor to provide the outstanding particulars. The Board issued a verbal order for the Grievor to provide the particulars at issue. The Grievor was directed to provide the particulars by January 19, 2024.

5On February 9, 2024, the Employer requested that the grievance be dismissed based on the Grievor’s non-compliance with the Order. The parties made brief submissions during a conference call on February 16, 2024. The Union stated that the Grievor’s explanation for her failure to comply with the order was that she needed additional time to review her records. Given that the verbal order did not specify that her failure to comply could result in the dismissal of her grievance, I find it appropriate to give the Grievor a brief extension. I hereby order the Grievor to particularize, no later than February 23, 2024, the date upon which she alleges that the Employer violated Article 31A.15. Failure to comply with this Order will result in the dismissal of the grievance, subject to the requirements of procedural fairness.