Loading...
HomeMy WebLinkAbout2003-3101.Koonings.05-09-29 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#2003-3101 2003-3914 2004-2011 2004-2012,2004-2013 2004-2014 2004-2015 2004-2016 2005-0085 UNION# OLB531/03 OLBOI6/04 OLB504/04 OLB505/04 OLB506/04 OLB507/04 OLB508/04 OLB509/04 OLB083/05 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Koomngs) Union - and - The Crown In RIght of Ontano (LIqUor Control Board of Ontano) Employer BEFORE Owen V Gray Vice-Chair FOR THE UNION Ernest A SchIrru Koskie MinskIe LLP Bamsters and SOlICItorS FOR THE EMPLOYER Richard J Charney Ogllvy Renault LLP BarrIsters and SOlICItorS HEARING September 21 2005 2 Order [1] Of these mne grIevances, only the one dated February 23, 2005 (GSB FIle 2005 0085) concerns management actIOn acknowledged or alleged to be dIscIplmary m nature That grIevance concerns a four week suspenSIOn, whIch IS acknowledged to be dIscIplmary, and a transfer, whIch the umon characterIzes as a dIscIplmary demotIOn and the employer characterIzes as non dIscIplmary That grIevance wIll be referred to m thIS order as "the suspensIOn/transfer" grIevance, and the others wIll be referred to as "the other grIevances" One of the other grIevances concerns an alleged fmlure by the employer to follow the postmg procedure m filmg a vacancy The remamder allege (among other thmgs) dISCrImmatIOn and harassment and/or mtImIdatIOn contrary to ArtIcle 2 1 of the partIes' collectIve agreement. [2] Havmg agreed that all these grIevances shall be heard together m some fashIOn, the partIes were m dIspute about the order of proceedmg After dIscussIOn, they agreed that the employer would proceed first wIth respect to the suspensIOn/transfer grIevance and that the umon would proceed first wIth respect to the others m the followmg manner a) FIrst, the employer wIll present ItS case m chIef on the suspensIOn/transfer grIevance, b) Second, the umon wIll present both ItS response to the employer case m chIef on the suspensIOn/transfer grIevance and ItS own case m chIef on the other grIevances, c) ThIrd, the employer wIll presents ItS response to the umon's case m chIef on the other grIevances and ItS reply, If any, to Issues of fact first rmsed m the , to the employer case m chIef the unIOn s response on suspensIOn/transfer grIevance, and, d) Fourth, the umon may present ItS reply, If any, to Issues of fact first raIsed m the employer's response to the umon's case m chIef on the other grIevances 3 ThIs order of proceedmg does not reflect any conceSSIOn about or determmatIOn of who bears the burden of proof wIth respect to the propnety of the transfer complamed of m the suspensIOn/transfer gnevance [3] Employer counsel sought partIculars of the gnevor's allegatIOns, partIcularly the allegatIOns of dIscnmmatIOn, harassment and/or mtImIdatIOn. I advIsed counsel that It IS my usual practIce m matters of thIS kmd to dIrect that both partIes provIde partIculars of all allegatIOns of fact on whIch they rely, and to produce copIes of all documents m theIr possessIOn, custody or power on whIch they may wIsh to rely ThIs was not opposed. [4] Accordmgly, each of the partIes shall provIde the other wIth full wntten partIculars of the facts on whIch It relIes m these matters Each party shall also provIde the other wIth copIes of any documents m ItS possessIOn, custody or power (and, m the case of the umon, any document m the posseSSIOn, custody or power of the gnevor) on whIch that party may wIsh to rely m these proceedmgs ThIs dIrectIOn does not reqUIre that a party delIver copIes If documents whIch It has already copIed to the other m the course of and expressly for purposes of these proceedmgs m that case It wIll be sufficIent to unambIguously IdentIfy the prevIOusly delIvered documents on whIch the party mtends to rely [5] WIth respect to each act or omISSIOn alleged, each party's partIculars shall mdIcate what was done or not done, when, where, by what means and by whom. The allegatIOns of fact set out 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 that all of the allegatIOns of fact therem were true It IS not necessary for a party to mclude m ItS partIculars a descnptIOn of the eVIdence by whIch It WIll seek to prove any of the allegatIOns of fact set out. It IS not necessary for a party to IdentIfy m ItS partIculars any wItnesses to events m questIOn unless the presence of those persons IS a matenal fact on whIch the party relIes [6] PartIculars and productIOns shall be delIvered m accordance wIth the followmg agreed upon tImetable 4 a) On or before 5.00 pm., Tuesday, October 11, 2005, the employer shall dehver to umon counsel and file wIth thIS board partIculars of the facts on whIch It WIll rely III ItS case III chIef on the suspensIOn/transfer grIevance, and copIes of any (addItIonal) documents upon whIch It may wIsh to rely III that respect b) On or before 5.00 pm., FrIday, October 28,2005, the umon shall dehver to employer counsel and file wIth thIS board partIculars that 1. wIth respect to the allegatIOns III the partIculars dehvered by the employer pursuant to paragraph a), IdentIfy the allegatIOns wIth whIch the umon agrees, If any, and the allegatIOns wIth whIch It dIsagrees and, as to the allegatIOns wIth whIch It dIsagrees, the verSIOn of the facts on whIch It rehes III that connectIOn, and set out ItS allegatIOns of fact wIth respect to any other Issue It proposes to raIse WIth respect to the suspensIOn/transfer grIevance, and, ll. set out the allegatIOns of fact on whIch the umon wIll rely III ItS own case III chIef on the other grIevances, together wIth copIes of any (addItIonal) documents upon whIch the umon may wIsh to rely III those respects c) On or before 5.00 pm., Thursday, November 17, 2005, the employer shall dehver to umon counsel and file wIth thIS board partIculars that 1. wIth respect to Issues first rmsed by the umon III response to the employer's partIculars of ItS case III chIef on the suspensIOn/transfer grIevance, set out any addItIonal allegatIOns of fact on whIch It may wIsh to rely III reply III respect of those Issues, and ll. wIth respect to the allegatIOns III the partIculars dehvered by the umon wIth respect to ItS case III chIef on the other grIevances, IdentIfy the allegatIOns wIth whIch It agrees, If any, and the allegatIOns wIth whIch It dIsagrees and, as to the allegatIOns wIth whIch It dIsagrees, the verSIOn of the facts on whIch It rehes III that 5 connectIOn, and set out Its allegatIOns of fact wIth respect to any other Issue It proposes to raIse WIth respect to the other gnevances, together wIth copIes of any (addItIonal) documents upon whIch the employer may wIsh to rely m those respects d) On or before 500 pm., Monday, November 28, 2005, the umon shall dehver to employer counsel and file wIth thIS board partIculars settmg out any addItIonal allegatIOns of fact on whIch It may wIsh to rely m reply on Issues first raIsed by the employer m response to the umon's partIculars of ItS case m chIef on the other gnevances, together wIth copIes of any (addItIonal) documents upon whIch the umon may wIsh to rely m that respect [7] The deadlmes specIfied m thIS order may be vaned by wntten agreement of the umon and employer A party who faIls to produce a document or to provIde partIculars of an allegatIOn m accordance wIth thIS order may not mtroduce that document or present eVIdence about that allegatIOn m these proceedmgs wIthout leave [8] The prOVISIOns of thIS order wIth respect to productIOn of documents do not preclude an applIcatIOn by eIther party for an order reqUIrmg the productIOn of addItIonal documents [9] I note that as ongmally framed, the gnevances asked for apologIes from certam mdlvlduals, mcludmg bargammg umt employees Apart altogether from what may have been saId m the gnevances, on or before 5.00 pm., Fnday, October 28, 2005, the umon shall advIse the employer what remedIes It WIll be askmg me to grant m these proceedmgs, so that both It and the employer can determme whether any thIrd party should be gIven notIce [10] As I understand It, one of the gnevor's allegatIOns IS that some or all of the conduct of whIch she complams m these gnevances was motIvated by her havmg gIven certam testImony m September 2003 m proceedmgs before the Alcohol and Gammg CommIssIOn of Ontano ("AGCO") In the course of those proceedmgs, the AGCO apparently gave her an oral dIrectIOn not to dIscuss her testImony wIth anyone Those proceedmgs are ongomg, and the gnevor, and consequently the umon, are both 6 concerned that thIS has affected and affects the gnevor's abIlIty to advance these gnevances and partIcIpate m the hearmg of them. Counsel understand that the AGCO proceedmgs wIll reconvene m early October, and that the gnevor IS bemg advIsed by her own counsel wIth respect to those proceedmgs In the cIrcumstances, the gnevor (personally or through her counsel) should seek clanficatIOn of ItS order from the AGCO at the earlIest opportumty, to determme whether the order remams m effect and, If It does, whether It purports to reqUIre anythmg more of the gnevor than that she not dIscuss what she testIfied about m September 2003 wIth or m the presence of anyone who may yet testIfy m those proceedmgs The gnevor should promptly mform umon counsel of the results of her efforts m that regard, and umon counsel should so mform employer counsel. th day of September, 2005