HomeMy WebLinkAbout1995-1855.Union.00-12-18 Order
o NTARI 0 EMPLOYES DE LA COL'RONNE
CROWN EAIPLOYEES DE L 'ONTARIO
-- GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB#1855/95
OPSEU#99Ul16
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Emplovees Umon
(Umon Gnevance)
Gnevor
- and -
The Crown ill RIght of Ontano
(Mimsm of the SolIcItor General and CorrectIOnal ServIces)
Employer
BEFORE Owen V Gra, V Ice Chair
FOR THE AlIck Rvder Q C
GRIEVOR Counsel
Rvder Wnght BlaIr & Dovle
FOR THE Len Mam Semor Counsel
EMPLOYER Legal ServIces Branch
Management Board Secretanat
HEARING December 14 2000
2
ORDER
[1] ThIs grIevance alleges that the employer vIOlated the prOVISIOns of a
Compressed Work Week Agreement that was m effect at the Va mer Centre for
Women when the grIevance was filed m September 1995 In my decIsIOn of
February 1998 I clIsmIssed the employer S ObjectIOn that the remedy sought by
the umon could not mclude compensatIOn for those employees whose rIghts
under the Compressed Work Week Agreement were allegedly vIOlated. I
emphasIzed, however that
thIS IS not a deCISIOn about whether the Compressed Work Week
Agreement oblIged the employer to gIve employees a meal break that was
responsibilIty free nor about the likelihood that the umon can prove that the
employer breached that agreement nor about whether the employer will be
lIable for compensatIOn If It (lId breach that agreement nor about the
likelihood that the umon can establIsh a basIs for an award of any
substantIal amount of compensatIOn.
I also saId thIS
The partIes and the affected employees would be well advIsed to consHler
carefully whether the amounts realIstIcally m Issue In the compensatIOn
clmms warrant the consHlerable expendIture of tIme and money that It
appears will be necessary both to pursue the compensatIOn clauns and to
resIst them. If the partIes are not now able to settle the matter on terms more
attractIve to them both than the prospect of contmued lItIgatIOn of these
Issues I will hear the partIes submIssIOns concernmg the course the heanng
should now take IncluclIng the matters on whIch wntten partIculars should
be prepared and provIded pnor to any hearmg on the ments ThIs matter
may be scheduled for further hearmg at the request of eIther party
[2] The matter was eventually rescheduled for hearmg on December 14 2000
Havmg heard the partIes submIssIOns I orally ordered the delIvery of
partIculars and productIOn of documents The prOVISIOns of that order are
reproduced m paragraphs '3 through 9 of thIS order
['3] Each of the partIes IS to provIde the other wIth wrItten partIculars of the
facts on whIch It relIes m thIS matter
'3
[4] WIthout lImItmg the generalIty of paragraph '3 the umon R partIcularR
Rhall mclude
a) the name of each perRon for whom compenRatIOn IR Rought
b) for each Ruch perRon, the occaRIOnR In reRpect of whIch
compenRatIOn IR Rought
c) for each Ruch occaRIOn,
i) the factR on whIch the Umon relIeR m Rupport of the claIm
that there waR a breach of the collectIVe agreement on that occaRIOn
m reRpect of whIch the perRon Rhould receIVe compenRatIOn, and
n) the amount of compenRatIOn claImed for the perRon and the
factR on whIch the Umon relIeR m Rupport of that amount
[5] WIthout lImItmg the generalIty of paragraph '3 the employer R
partIcularR Rhall
a) wIth reRpect to each perRon and each occaRIOn IdentIfied m the
umon R partIcularR, mclIcate whether It agreeR or dIRagreeR WIth the
umon R allegatIOnR concernmg that occaRIOn arreI, If It dIRagreeR the
allegatIOnR of fact on whIch It relIeR WIth reRpect to that occaRIOn,
b) wIth reRpect to any other allegatIOnR m the umon R partIcularR,
mclIcate m each caRe whether It agreeR or dIRagreeR WIth the umon R
allegatIOnR arreI, If It dIRagreeR, the allegatIOnR of fact on whIch It relIeR
WIth reRpect to that IRRue and
c) Ret out any other factR on whIch the employer relIeR
[6] TheRe clIrectIOnR wIll not be RatIRfied by aRRertmg concluRIOnR of fact baRed
on factR not expreRRly alleged. AllegatIOnR of fact Rhould Ret out who chd or faIled
to do what when, where and to whom arreI, If motIVatIOn IR relevant WIth what
motIVatIOn. PartIcularR need not and Rhould not deRcnbe the eVIdence by whIch
4
the party delIvermg them wIll Reek to prove the allegatIOnR of fact Ret out m
them.
[7] Together wIth It wntten partIcularR, each party IR to provIde the other
wIth copIeR of any documentR m ItR pORReRRIOn, cURtody or power (or m the caRe
of the Ulllon, m the pORReRRIOn, cURtody or power of any perRon on whoRe behalf It
clmmR compenRatIOn) on whIch It may Reek to rely at the hearmg of thIR matter
[8] The Ulllon R partIcularR and productIOnR are to be delIvered to the
employer on or before Fnday February 16 2001 The employer R partIcularR and
productIOnR are to be delIvered to the Ulllon on or before Fnday March 16 2001
Any prevIOuRly unpartIculanzed factR on whIch the Ulllon mtendR to rely m
reRpect of IRRueR firRt rmRed m the employer R partIcularR are to be partIculanzed
m wntmg and Ruch reply partIcularR are to be delIvered to the employer on or
before Apn114 2001
[9] The tImetable for delIvery of partIcularR and productIOn of documentR m
thIR matter may be vaned by wntten agreement of the partIeR
[10] ImplIcIt m the order pronounced at hearmg IR the followmg' documentR
not produced m accordance wIth thIR order may not be mtroduced mto eVIdence
at hearmg wIthout leave allegatIOnR of fact not partIculanzed m accordance
wIth thIR order may not be the RubJect of teRtImony or other eVIdence at hearmg
wIthout leave arreI, leave wIll not be granted except for good and Ruffic18nt caURe
[11] The hearmg m thIR matter IR adjourned to dateR to be Ret by the RegIRtrar
m conRultatIOn wIth the partIeR
5
Dated at Toronto thIR 18th day of December 2000
Owen V Gray VIce-ChaIr