PSGB#P-2015-2409

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE ACT OF ONTARIO

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Guy Boucher

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Marilyn A. Nairn

Vice-Chair

FOR THE COMPLAINANT

Guy Boucher

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel

DECISION

1The parties have agreed to schedule this matter for April 4, 2016. Typically, the Board would set the matter down for mediation prior to it proceeding to arbitration. However, the employer has advised the Board and the complainant that it has no position to mediate and asks that the matter be scheduled for arbitration. It is an inefficient use of the Board’s and the parties’ resources to schedule a matter for mediation when one of the parties has indicated that it intends not to participate in that process. Therefore I direct that the matter be set down for arbitration on April 4, 2016.

2In his notice of proposal to file a complaint, which was attached to his application, the complainant, Guy Boucher, provided certain particulars of his complaint. He also provided certain documentary material to the Board. It is not apparent to me whether or not the complainant has provided that documentary material to the employer as well and/or whether there is any additional documentary material upon which the complainant will seek to rely at the hearing.

3In order that both parties are prepared to proceed on April 4, 2016 I hereby make the following interim orders:

4I hereby direct the complainant as follows:

a) The complainant is to provide in writing to the employer and to the Board any remaining particulars of the events complained of. Particulars reflect the “who, what, when, and where” of the allegations being asserted against the employer. Particulars do not include the actual evidence that may be tendered at a hearing in support of the allegations. Having reviewed the complainant’s notice of proposal to file a complaint, there may be limited, if any, further particulars to be provided. However, the complainant is advised that the purpose of providing particulars is to avoid a party being taken by surprise at the hearing by factual matters not previously asserted.

b) In addition, the complainant is to provide to the employer copies of any and all documentary material upon which he intends to rely at the hearing of his application.

5The particulars and production directed in paragraph 4 above are to be provided by the complainant, Mr. Boucher, to the employer by no later than Monday, February 22, 2016. A copy of any further particulars is to be forwarded to the Board at the same time.

6I hereby direct the employer as follows:

a) The employer is to provide to the complainant a copy of any and all documentary material upon which it intends to rely at the hearing. Any such documentary material is to be provided to the complainant by the employer by no later than Tuesday, March 15, 2016.

b) The employer is further directed to deliver its response to the application in Form 2 with full particulars as required by Part C of that document. The Form 2 is to be delivered to the Board by no later than Tuesday, March 15, 2016.

7Should any other issues of a pre-hearing nature arise, the parties are directed to contact the Registrar of the Board and so advise. I hereby direct the Registrar to issue a Notice of Proceeding advising the parties that this matter has been set down for arbitration on Monday, April 4, 2016.