PSGB#P-2015-2081

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE ACT OF ONTARIO

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Richard Huppmann

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

Richard Huppmann

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel

DECISION

1This application has been scheduled for mediation on April 6, 2016. However, the employer has advised the Registrar of the Board that it has no position to mediate. In light of this circumstance, I hereby direct that the matter be set down for arbitration on April 6, 2016. Should circumstances change, mediation remains an option available to the parties and the Board at any time. However, in the interests of not further delaying this matter, it is prudent to ensure that the parties are ready to proceed and that the complainant, Richard Huppmann, is not surprised by the employer’s position on that day.

2Therefore, in preparation for the hearing of this application and to ensure that both parties are prepared to proceed on April 6, 2016, I hereby make the following interim orders:

3I hereby direct the complainant, Richard Huppmann, as follows:

a) The complainant is to provide in writing to the employer and to the Board 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. 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.

4The particulars and production directed in paragraph 3 above are to be provided by the complainant to the employer by no later than Tuesday, February 23, 2016. A copy of the particulars is to be forwarded to the Board at the same time.

5I 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 Thursday, March 17, 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 Thursday, March 17, 2016.

6Should 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 re-issue the Notice of Proceeding advising the parties that this matter has now been set down for arbitration on Wednesday, April 6, 2016.