HomeMy WebLinkAbout2002-2533.Esmail.04-09-15 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2002-2533
UNION# 2002-0513-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(EsmaIl ) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of EducatIOn) Employer
BEFORE Owen V Gray Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wnght, Blair & Doyle
Barnsters and SOlICItorS
FOR THE EMPLOYER BenJ amIn Parry
Counsel
Management Board Secretanat
HEARING September 14 2004
2
Order
[1] The umon shall provIde the employer wIth wntten partIculars of all of the
allegatIOns of fact on whIch It relIes m thIS matter, together wIth copIes of all
documents m the posseSSIOn, custody or power of the umon or the gnevor on whIch the
umon may wIsh to rely m support of those allegatIOns
[2] The employer shall provIde the umon wIth wntten partIculars of all of the
allegatIOns of fact on whIch It relIes m thIS matter, together wIth copIes of all those
documents m ItS possessIOn, custody or power on whIch It may wIsh to rely m support of
those allegatIOns The employer's partIculars shall specIfically IdentIfy the allegatIOns
m the umon's partIculars wIth whIch It agrees and the allegatIOns wIth whIch It
dIsagrees and, as to each allegatIOn wIth whIch It dIsagrees, shall set out the verSIOn of
the facts on whIch It relIes m that regard
[3] In the event that the employer's partIculars address Issues not rmsed m the
partIculars delIvered by the umon, the latter shall delIver m reply partIculars of any
addItIonal allegatIOns of fact on whIch It mtends to rely m connectIOn wIth those new
Issues and shall provIde copIes of any addItIonal documents m the posseSSIOn, custody
or power of the umon or the gnevor on whIch It may wIsh to rely wIth respect to those
reply allegatIOns
[4] WIth respect to each of the acts and omISSIOns alleged therem, each party's
wntten partIculars shall mdIcate what was done or not done, when, where, by what
means and by whom, IdentIfymg by name any mdIvIdual whose actIOns are bemg
attributed to an orgamzatIOn. It IS not necessary for a party to mclude m ItS partIculars
a descnptIOn of the eVIdence by whIch It WIll seek to prove the facts alleged. The
allegatIOns of fact m a party's partIculars should be sufficIently comprehensIve that It
would be unnecessary for that party to call any eVIdence If the OpposIte party were to
admIt the truth of all of the allegatIOns of fact therem.
[5] The umon's partIculars and productIOns shall be delIvered to employer counsel
by the close of busmess on Fnday, October 29, 2004 The employer's partIculars and
productIOns shall be delIvered to umon counsel by the close of busmess on Tuesday,
3
November 30, 2004 The umon's reply partIculars and productIOns, If any, shall be
dehvered by the close of busmess on FrIday, December 10, 2004 These deadlmes may
be extended by WrItten agreement of the partIes
[6] A party who faIls to produce a document or provIde partIculars of an allegatIOn of
fact m accordance wIth thIS order may not mtroduce that document or testImony about
that allegatIOn mto eVIdence m these proceedmgs wIthout leave
[7] The prOVISIOns of thIS order wIth respect to productIOn of documents do not
preclude an apphcatIOn (after the exchange of partIculars IS completed) by eIther party
for an order reqUIrmg the productIOn of addItIonal documents
[8] Unless the partIes agree otherwIse m the meantIme, the hearmg m thIS matter
wIll contmue on February 9 and 10, March 10 and May 2 and 3, 2005
Dated at Toronto thIS 15th day of September, 2004