HomeMy WebLinkAbout2000-1203.Schoular.01-03-29 Order
o NTARl 0 EMPLOYES DE LA CO['RONNE
CROWN EMPLOYEES 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 # 1203/00
OPSEU#00B379
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Employees U mon
(Schoular)
Gnevor
- and -
The Crown m RIght of Ontano
(Mimstry of EducatIOn and TraInIng)
Employer
BEFORE Owen V Gray Vice Chalf
FOR THE George Richards
GRIEVOR Gnevance Officer
OntarIO Pubhc ServIce Employees Umon
FOR THE Kelly Burke Counsel
EMPLOYER Legal ServIces Branch
Management Board Secretanat
HEARING March 22 2001
2
ORDER
[1] The employer shall provIde the umon wIth wntten partIculars of the facts
on whIch It relIes m thIS matter mcludmg, wIthout lImItmg the foregomg, the
facts on whIch It relIes m assertmg that the gnevor s runnmg for and ho1dmg
office as a trustee of the Upper Canada DIstnct School Board m and after
October 2000 would have mterfered and would mterfere wIth the performance of
the gnevor s dutIes as an employee of the MmIstry or would have conflIcted and
would conflIct WIth the mterests of the Crown wIthm the meanmg of sectIOns
28 4 and 28 7 of the Pubbc Sen'lce "4ct. To the extent that the employer relIes on
the act or omISSIOn of any person, the employer s partIculars shall mchcate what
was done or not done when, where by what means and by whom. To the extent
the employer relIes on the prOVISIOns of any statute or regulatIOn (other than the
Crou'n Emplovees Collectwe Bargauung "4ct, the Labour Relatwns "4ct or the
aforesaId prOVISIOns of the Pubbc Sen'lce "4ct) the prOVISIOns relIed upon must be
IdentIfied wIth specIficIty The employer shall also provIde the umon wIth COpIeS
of any documents m the po sseSSIOn, custody or power of the employer on whIch It
may wIsh to rely m these proceedmgs that have not already been produced to the
employer m connectIOn wIth thIS gnevance The employer s partIculars and
COpIeS of documents shall be delIvered to Mr RIchards or such other counsel as
the umon may have desIgnated for thIS purpose m the meantIme by the close of
busmess Fnday May 18 2001
[2] The umon shall provIde the employer wIth wntten partIculars of the facts
on whIch It mtends to rely In ItS partIculars, the umon shall specIfically IdentIfy
the employer allegatIOns wIth whIch It agrees If any As for the employer
allegatIOns wIth whIch It clIsagrees, It shall specIfically note ItS chsagreement and
set out partIculars of the facts on whIch It relIes wIth respect to the matters
addressed by those employer allegatIOns WIth respect to any act or omISSIOn It
alleges the umon s partIculars shall mchcate what was done or not done when,
where by what means and by whom. The umon shall also provIde the employer
wIth COpIeS of any documents m the posseSSIOn, custody or power of the umon or
'3
of the gnevor on whIch the umon mtendR to rely m theRe proceechngR that have
not already been produced to the employer m connectIOn wIth theRe gnevanceR
The umon R partIcu1arR and copIeR of documentR Rhall be delIvered to MR Burke
or Ruch other counRe1 aR the employer may have deRIgnated for thIR purpORe m
the meantIme by the cloRe ofbuRmeRR Fnday June 15 2001
['3] If m reRpect of IRRueR rmRed for the firRt tIme by partIcu1arR and
documentR delIvered by the umon the employer mtendR to aRRert factR not
prevIOuR1y partIcu1anzed or determmeR that It may WIRh to rely on documentR m
the pORReRRIOn, cURtody or power of the employer that It haR not already
produced to the umon under paragraph 1 or otherwIRe m connectIOn wIth thIR
gnevance It Rhall provIde the umon wIth wntten partIcu1arR of thoRe factR and
copIeR of thoRe documentR aR Roon a pORRIb1e after recelVmg the umon R
partIcu1arR and documentR
[4] The dead1meR RpecIfied m thIR order may be vaned by wntten agreement
of the umon and employer A party who fm1R to produce a document or to provIde
partIcu1arR of an allegatIOn m accordance wIth thIR order may be precluded from
mtroducmg that document or preRentmg eVIdence about that allegatIOn at the
hearmg of thIR gnevance
[5] The hearmg of thIR gnevance Rhall contmue June 25 and 28 2001
Dated at Toronto thIR 29th day of March, 2001
~V
Owen V Gray VIce- C