HomeMy WebLinkAbout1996-2582.Borg.99-12-14 Decision
()NTARI() EMPUJYES DE LA nWR()NVE
f'R()WV EMPL()YEES DE L'()NTARI()
GRIEVANCE COMMISSION DE
1111 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 # 2582/96 2583/96
OPSEU # 97B152, 97B153
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Borg)
Gnevor
- and -
The Crown III RIght of Ontano
(Mimstry of Health)
Employer
BEFORE Owen V Gray Vice Chair
FOR THE Mihad Fahmy
GRIEVOR Counsel
ElIot, SmIth
Barnsters & SOlICItorS
FOR THE Chnstopher Jodhan
EMPLOYER Counsel, Legal ServIces Branch
Management Board Secretanat
HEARING December 13 1999
ORDER
[1] There are two grIevances before me dated August 14 1996 In one the
grIevor alleges that he was surplused m bad faIth In the other he complams of
dISCrImmatIOn on the basIs of ethnICIty and sex
[2] The UnIon shall provIde employer counsel wIth wrItten partIculars of the
facts that It and the grIevor say demonstrate the dISCrImmatIOn and bad faIth
alleged WIth respect to each alleged act or omISSIOn relIed upon, the UnIon s
partIculars shall mdIcate what was done or not done when, where by what
means and by whom The UnIon shall also provIde partIculars of the remedIes
bemg sought m these proceedmgs The UnIon shall also provIde employer counsel
wIth copIes of all documents on whIch It and the grIevor mtend to rely m these
proceedmgs that have not already been produced to the employer m connectIOn
wIth these grIevances The UnIon s partIculars and copIes of documents shall be
delIvered to employer counsel on or before February 18 2000
[3] The employer shall provIde UnIon counsel wIth partIculars of the facts on
whIch It mtends to rely m response to the allegatIOns set out m the UnIon spar
tIculars The employer shall IdentIfy m ItS partIculars the UnIon allegatIOns wIth
whIch It agrees, the UnIon allegatIOns wIth whIch It dIsagrees and as to the alle
gatIOns wIth whIch It dIsagrees the verSIOn of the facts on whIch It relIes The
employer shall also provIde UnIon counsel wIth copIes of all documents on whIch
It mtends to rely m these proceedmgs that have not already been produced to the
UnIon m connectIOn wIth these grIevances The employer's partIculars and copIes
of documents shall be delIvered to UnIon counsel on or before March 10 2000
[4] The deadlmes specIfied m thIS order can be varIed by WrItten agreement of
the UnIon and employer A party who faIls to produce a document or provIde par
tIculars of an allegatIOn m accordance wIth thIS order may be precluded from m
troducmg that document or testImony about that allegatIOn mto eVIdence
[5] The hearmg of these grIevances IS adJourned to March 30 and wIll contmue
on AprIl 27 and 28 and, If necessary June 5 and 6 2000
Dated at Toronto thIS 14th day of December 1999
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Owen V Gray VIce ChaIr