HomeMy WebLinkAbout1996-1662VILLELLA96_12_09
ONTARIO EMPLOYES DE LA COURONNE
,,/ CROWN EMPLOYEES DE L'O/'ffARIO
1111 GRIEVANCE COMMISSION DE
SElTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONEITELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST, BUREAU 2100. TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (410) 326-13~
GSB # 1662/96
OPSEU # 96A311-414
IN THE MATTER OF AN ARBITRATION
Onder
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Villella)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General &
Correctional Services)
Employer
BEFORE 0 Gray Vice-Chairperson
FOR THE s. Wahl
GRIEVOR Counsel
Koskie & Minsky
Barristers & Solicitors
FOR THE 0 Holmes
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING December 5, 1996
?
DECISION
The employer terminated the grievor's employment terminated effective
September 5, 1996 He grieved HIs grIevance was taken through the grievance
procedure and referred to arbitration by the Grievance Settlement Board ("the
GSB") In mid November 1996, after consultation with the parties as to the
availability of counsel and witnesses, the GSB scheduled the grievance for
hearing by Vice-Chair McKechnie on a series of non-consecutive dates beginning
December 16, 1996 The union then applied to the GSB for an interim order
directing that the employer reinstate the grievor to employment pending
completion of the hearing on the merits, and asked that a hearing of that
application be held prior to the scheduled commencement of the hearing on the
merits. That application was scheduled for hearing before me on December 5,
1996
At that heanng I heard submissions on the employer's objection that the
GSB is without jurisdiction to make an interim order reinstating an individual to
employment, and on certam matters relating to the production of documents and
attendance of summonsed witnesses. This decision records the orders I made
orally at the hearing concerning production of documents and attendance of
witnesses.
With reference to the three members of management served by the union
with summonses returnable December 5, 1996, I order that
1 The employer is to give notice to the three summonsed WItnesses that
the summonses wIth which they were served requIre theIr attendance
at the hearmg in this matter scheduled for December 16, 1996, and is
to provide the UnIon with proof of its havmg gIven that notIce adequate
to support the issue of a warrant (or stating of a case to the DIvisIOnal
Court, if the Statutory Powers Procedure Act applIes to these
proceedmgs, as the union argues) m the event that one or more of the
witnesses falls to attend WIthout lawful excuse.
2 Except as mdicated In paragraph 3, the employer IS to produce each of
the documents desCrIbed In the summonses, WIth the clarIficatIOns
_.~
.
2
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indIcated by union counsel at the hearmg December 5, 1996, on or
before Wednesday, December 11, 1996, eIther by provldmg union
counsel with copIes or by producing originals for inspection by umon
counselor a solicitor from his firm at a smgle location m the CIty of
Toronto.
3 Documents whIch could not wIth reasonable dIligence have been
located and produced by the deadline specIfied in paragraph 2, and
documents which the employer objects to produce on grounds of
relevance or privilege, need not be produced in accordance with that
paragraph. All such documents shall be brought to the hearing
scheduled for December 16, 1996, however, excepting only documents
which could not with reasonable diligence have been located and
produced by then.
4. Any question concerning the production of documents which the
employer objects to produce or has failed to locate and bring to the
heanng scheduled for December 16,1996 may be addressed to the Vice-
Chair who conducts that hearing
Dated at Toronto this 9th day of December, 1996
a~
Owen V Gray, Vice-C