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HomeMy WebLinkAbout2014-2804.Kanellos.15-02-26 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#2014-2804, 2014-2805, 2014-4304 UNION#2014-0468-0029, 2014-0468-0030, 2014-0468-0034 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Kanellos) Union - and - The Crown in Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFORE David R. Williamson Vice-Chair FOR THE UNION Sheila Riddell Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Suneel Bahal Treasury Board Secretariat Legal Services Branch Counsel HEARING January 29, 2015 - 2 - Decision [1] The parties have agreed to consolidate a number of matters before me, in total there are nine grievances before me. [2] Particulars shall be delivered in accordance with the following agreed-upon timetable: 1. On or before April 1, 2015, the Union shall deliver to the employer’s representative written particulars of the allegations of fact on which it relies to justify in relation to the nine grievances before me. 2. On or before May 1, 2015, the employer shall inform Union counsel of any preliminary objections it will be making in relation to these matters. [3] With respect to each of the acts and omissions alleged therein, the 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 the 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. [4] If the need arises, these deadlines may be modified by agreement of the parties or further order of the Board. A party who fails to produce a document or to provide particulars of an allegation in accordance with this order may not thereafter introduce that document or present evidence about that allegation in these proceedings without leave. [5] 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 by the other of additional documents. Dated at Toronto, Ontario this 26th day of February 2015. David R. Williamson, Vice-Chair