HomeMy WebLinkAbout1996-0717.Sidhu.04-07-28 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
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GSB# 1996-0717 1999-0878 2001-0295 2001-1069 2002-0591
UNION# 96F261 99C862,01C251 2001-0517-0238 [01C693] 2001-0517-0261 [01C699],
2001-0517-0260 [01C700] 2001-0517-0259 [01C698] 2001-0517-0239 [01C694],
2001-0517-0240 [01C695] 2001-0517-0242 [01C697] 01C696 02C718
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(SIdhu) Grievor
- and -
The Crown III RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE RandI H. Abramsky Vice-Chair
FOR THE UNION Nelson Roland
BarrIster and SOlICItor
FOR THE EMPLOYER Sean Kearny
Counsel
Management Board Secretanat
HEARING July 28 2004
2
Order
The gnevor HabIr SIdhu, has a consIderable number of gnevances currently pendmg
before the Board, On January 19 2004 a mediatIOn seSSIOn took, place at whIch tIme counsel
for the Employer Sean Kearny requested partIculars of the gnevor's allegatIOns
On June 9 2004 Mr Kearny sent counsel for the Umon, Mr Nelson Roland, a letter
agam requestmg partIculars and supportmg documents DespIte attempts by Mr Roland to
proVIde the requested partIculars, none have yet to be proVIded,
Accordmg to Mr SIdhu, the Employer had requested nothmg for SIX months, then sent
the June 9 2004 letter He met WIth Mr Roland once on July 13 2004 and SImply dId not have
enough tIme to respond to the Employer's request.
As a result, however the heanng set for today July 28 2004 could not proceed, and two
addItIOnal heanng dates set for next week have now been lost. Our next heanng date m thIS
matter IS scheduled for September 13 2004
Havmg conSIdered these facts and the oblIgatIOns Imposed on the partIes under ArtIcles
22 144 and 22 145 of the collectIve agreement as well as the prmcIples of natural JustIce, I
hereby make the followmg ORDER,
1 On or before August 13 2004 the Umon IS to proVIde counsel for the Employer the
partIculars and documents requested m Mr Kearny's letter of June 9 2004 On the same
date, Mr Kearny IS to proVIde partIculars and documents to Mr Roland m relatIOn to any
dISCIplInary gnevances on whIch the Employer bears the onus, to the extent, If any that
he has not yet done so
3
2 On or before September 3 2004 counsel are to respond to the partIculars provIded m
paragraph 1
3 If complIance WIth thIS Order IS not forthcommg on the dates set out m thIS Order the
partIes are free to make any motIOns they deem appropnate, mcludmg a motIOn to
dIsmISS the gnevances
Issued thIS 28th day of July 2004
J