HomeMy WebLinkAbout2005-2458.Pacione.07-05-09 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2005-2458
UNION# 2005-0340-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pacione)
Union
- and -
The Crown in Right of Ontario
(Ministry of Finance)
Employer
BEFOREVice-Chair
Richard Jackson
FOR THE UNION
Nelson Roland
Barrister and Solicitor
FOR THE EMPLOYER Michelle Dobranowski
Counsel
Ministry of Government Services
HEARING November 8, 2006.
2
Decision
This is an Order for particulars and production made in respect of GSB Case File No. 2005-2458,
OPSEU and Ministry of Finance (Colleen Pacione) for purposes of a hearing date of June 6,
2007. The order is as follows.
[1] The parties shall provide each other with written particulars of all of the allegations of fact
on which they rely on in connection with this grievance, together with copies of all documents in
the possession, custody or power of the employer, the union, or the grievor on which they may
wish to rely.
[2] With respect to each of the acts and omissions alleged therein, each party?s written
particulars shall indicate what was done or not done, when, where, by what means and by whom,
identifying by name any individual whose actions are being attributed to an organization. The
allegations of fact set out in a party?s particulars should be sufficiently comprehensive that it
would be unnecessary for that party to call any evidence if the other party were to admit that all
of the allegations of fact therein were true. It is not necessary for a party to include in its
particulars a description of the evidence by which it will seek to prove the facts alleged. It is not
necessary for a party to identify in its particulars any witness to an event in question unless the
presence of that person is a material fact on which the party relies.
[3] The union's particulars and production of documents shall be delivered to employer counsel
by the close of business on Friday, May 18, 2007.
[4] The employer?s particulars and production of documents shall be delivered to the union
counsel by the close of business on Wednesday, May 30, 2007.
[5] A party who fails to produce a document or provide particulars of an allegation of fact in
accordance with this order, may not introduce that document or testimony about that allegation
into evidence in these proceedings without leave by the Board.
[6] The provisions of this order with respect to production of documents do not preclude an
application by either party for an order requiring the production of additional documents.
[7] Unless the parties agree otherwise in the meantime, the hearing in this matter will continue
on June 6, 2007.
th
Dated at Toronto, this 9 day of May, 2007.
R. L. Jackson,
Vice-Chair