HomeMy WebLinkAbout2016-2838.Assenov.19-05-30 DecisionCrown 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# 2016-2838
UNION# 2016-0135-0033
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Assenov) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Diane L. Gee
Arbitrator
FOR THE UNION
Jennifer Micallef
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 29, 2019
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DECISION
[1] This matter was scheduled to be heard on May 29, 2019. On that date the
parties made submissions on a number of preliminary issues.
[2] The Employer brought a motion to have a number of paragraphs of the existing
statement of particulars struck on the basis that they are insufficiently
particularized. The Union did not respond to the Employer’s submissions citing
the understanding, reached at the last day of hearing, that the Union would get
production of the log books prior to having to finalize the particulars and, while
some log books have been provided, some are missing. The Employer agreed
to recheck its records and determine whether full production of the log books has
been made.
[3] The Union sought production of the grievor’s note books. The Employer
indicated that it was willing to produce the note books provided restrictions,
similar to those imposed on the production of log books by way of paragraph 3 of
the Board’s May 21, 2019 decision, be ordered. The Union responded that it was
not agreeable to the extent that such restrictions would prevent the grievor from
discussing his allegations in public. No final determination was made in respect
of this issue as the Employer indicated it needed additional time in order to
respond.
[4] I hereby modify the restriction imposed at paragraph 3 (i) of the May 21, 2019
decision to permit copies of the log books to be made for use at the hearing of
this matter.
[5] All copies of the note books currently in the possession and control of the grievor
will be destroyed with the exception of a copy that will be retained by Union
counsel in her files.
[6] With respect to the production of documents and particulars, I hereby order as
follows:
i. The Employer is to produce to the Union, no later than September 20,
2019, a copy of policies, as requested by the Union, as well as, for the
period August 2014 to December 2016, schedules, staff absence reports,
log books and the grievor’s note books. Should the Employer continue to
seek an order that restrictions be placed on the use of any note books to
be produced, it is directed to advise Union counsel and the GSB sufficiently
in advance of September 20, 2019 that the issue can be argued and
determined by that date.
ii. The Union is to produce all documents in the grievor’s possession and
control that are arguably relevant to the issues in dispute.
-3-
iii. Should either party have a request, arising out of the documents produced,
for further productions, such request must be made to the party opposite
no later than October 20, 2019.
iv. Should a party object to producing documents requested by the party
opposite, the reasons for the objection, and a request for a conference call,
must be communicated to the party opposite, and the GSB, no later than
November 20, 2019. All documents requested that a party does not object
to producing, must be produced no later than November 20, 2019.
v. Provided all documentary issues have been determined and documents
provided as set out above, the Union it directed to provide its final
particulars to the Employer and the GSB no later than December 20, 2019.
vi. No later than January 24, 2020, the Employer is directed to write Union
counsel, copying the GSB, advising as to the paragraphs, or sentences
within paragraphs, of the particulars provided, that it argues ought to be
struck.
vii. A conference call will take place on February 4, 2020 at 1:00 p.m. to hear
the Union’s submissions in response the Employer’s request that
paragraphs, or sentences within paragraphs, be struck. The Employer will
have the right to make reply submissions.
[7] The hearing of this matter will continue on March 17 and 18, June 9 and 10,
September 22, 23, 29, 30, October 6, 7, 14, 15, 20, 21, 27, 28 and December 1
and 2, 2020.
Dated at Toronto, Ontario this 30th day of May, 2019.
“Diane L. Gee”
______________________
Diane L. Gee, Arbitrator