HomeMy WebLinkAbout2010-2654.Pacheco.18.04.26 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2010-2654
UNION#2010-0234-0283
Additional grievances noted in Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pacheco) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING
April 25, 2018
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DECISION
[1] I am hearing a number of discipline grievances filed on behalf of Mr. J. Pacheco,
a Bailiff. During the course of this proceeding, it has been necessary to address many
disputes over production. We are at the point in the proceeding where Union counsel is
cross-examining Mr. A. Watson, Manager. Prior to the commencement of the hearing
on April 25, 2018, I was advised that there was an issue regarding the Union’s intention
to enter certain documents during its cross-examination of Mr. Watson. The matter was
addressed informally and may not be entirely resolved. Unfortunately, the hearing was
adjourned to give the Employer the opportunity to deal with issues that relate to the
Union’s request to file these documents.
[2] As a result of what occurred yesterday, I believe it is appropriate to remind both
parties of previous directions that were made in this proceeding regarding the
production of documents. In a decision dated August 24, 2017, at paragraph 5, I
directed both parties as follows:
…In addition, I direct the Employer and the Union to produce to counsel
opposite any other documents upon which it intends to rely in the matters that are
currently being heard by the GSB by no later than September 6, 2017.
[3] In a subsequent decision about production dated April 5, 2018, I noted as
follows:
… In an effort to bring some closure to the production process, the parties agreed that
any production requests made after September 6, 2017, would require leave of the
Arbitrator. The parties recognize with this agreement that a production request would
not be denied simply because it was made after September 6, 2017. In my view, the
Arbitrator is obliged to exercise his discretion on disputed production requests by
considering all of the relevant factors, including the time of the request. This is the
approach I have taken in considering the production requests now before me. I can
appreciate that the seemingly never ending production issues are frustrating for both
parties. There may be an end in sight given Mr. Brewin’s indication that he is in the
process of attempting to complete a list of the remaining Union production requests.
[4] Of course, the rules relating to particulars and the timely filing of documents that
a party intends to rely on are designed to ensure that each party is aware of the issues
in the proceeding and to avoid unnecessary delay. Having regard to the extensive
production issues that have been addressed thus far in this proceeding, it is difficult to
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imagine that a party by now has not been in a position to produce to the party opposite
all of the documents upon which it intends to rely pursuant to the direction to do so in
the decision dated August 24, 2017. As usual, future disputes over production will be
addressed in a way that balances the interests of both parties and ensures that the
hearing of this matter proceeds as expeditiously as possible.
Dated at Toronto, Ontario this 26th day of April 2018.
“Ken Petryshen”
Ken Petryshen, Arbitrator
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Appendix A
GSB Number OPSEU File Number
2012-0727 2012-0234-0066
2013-3214 2013-0234-0359
2014-0350 2014-0234-0061
2014-3305 2014-0234-0458
2014-3846 2014-0234-0508
2014-4854 2015-0234-0030
2015-0390 2015-0234-0058
2015-0494 2015-0234-0069
2015-0495 2015-0234-0070
2015-0496 2015-0234-0071
2015-0913 2015-0234-0085
2015-0914 2015-0234-0086
2015-0915 2015-0234-0087
2015-0916 2015-0234-0088
2015-1310 2015-0234-0108
2015-1311 2015-0234-0109
2015-1312 2015-0234-0110
2015-1313 2015-0234-0111
2015-1314 2015-0234-0112
2015-1315 2015-0234-0113
2015-1316 2015-0234-0114
2015-1317 2015-0234-0115
2015-1318 2015-0234-0116
2015-1319 2015-0234-0117
2015-1320 2015-0234-0118
2015-1321 2015-0234-0119