HomeMy WebLinkAbout1994-0491.SAMAROO98_10_28
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
"
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUlTE600, TORONTOONM5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-1396
GSB #0491/94
OPSEU 94B842
. IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECI1VE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Public Service Employees Union
(Mohan Samaroo)
Grievor
- and -
The Crown m RIght of Ontario
(MinIstry of the SolicItor General and CorrectIOnal Services)
Employer
BEFORE Owen V Gray Vice-Chair
FOR THE CraIg Flood
GRlEVOR Counsel
Koskte Minsky
Barristers & SolicItors
FOR THE Jane Hooey
EMPLOYER Counsel, Legal Services Branch
Management Board Secretariat
HEARING September 23, 1998
DECISION
.
[1] Havmg regard to the submIssIOns of the partIes at the hearmg of Septem-
ber 23, 1998, and m subsequent fax correspondence, I order as follows
a) The UnIon IS to provIde the employer and the Board wIth a wntten state-
ment of partIculars of the allegatIOns on whIch It relIes m defence of the
allegatIOns set out m the employer's partIculars or m rebuttal to the
pnma fac~e case agamst the gnevor ansmg from the matters whIch were
the subject of conVIctIOns ThIS statement IS to set out the matenal facts
relIed upon - what words were saId, what acts were done or not done,
when, where and to whom - wIth respect to those matters The state-
ment of partIculars need not set out the eVIdence by whIch the UnIon
hopes to prove the facts alleged EVIdence concernmg facts not alleged m
thIS statement of partIculars may not be adduced by the UnIon m these
proceedmgs wIthout leave Without lImltmg the generalIty of the forego-
mg, If the UnIon and gnevor seek to establIsh that an event occurred oth-
erwIse than as alleged by the employer, It WIll not be suffiCIent to baldly
deny the employer's verSIOn - the verSIOn that the UnIon and gnevor seek
to establIsh must be partlCularlIzed as aforesaId
b) Each of the partIes IS to dIsclose to the other all documents on whIch that
party WIshes to be able to rely m thIS matter As for documents m the
party's posseSSIOn, custody or power, of whIch the party has already delIv
ered a copy to the OpposIte party, dIsclosure m complIance WIth thIS order
may be effected by provldmg the OpposIte party WIth a wntten descnptIOn
of the document IdentIfymg It and the occaSIOn on whIch the copy was so
provIded. OtherwIse, dIsclosure of documents m the party's posseSSIOn,
-
2
custody or power shall be by delIvery of a copy of the document As for
documents on whIch a party wIshes to rely that are not m the party's pos-
seSSIOn, custody or power, dIsclosure may be made eIther by obtammg and
provIdmg a copy or by provIdmg a WrItten deSCrIptIOn of the document
adequate to umquely IdentIfy the document and the person havmg pos-
seSSIOn, custody or control of the document.
.
c) DelIvery of partIculars to the employer m accordance wIth paragraph a)
shall take place on or before October 23, 1998
d) DIsclosure of documents m accordance wIth paragraph b) shall take place
on or before October 23, 1998
e) If as a result of the partIculars or documents delIvered by the umon the
employer has any addItIOnal documents on whIch It wIshes to be able to
rely m thIS matter, It shall dIsclose them m the manner described m
paragraph b) on or before November 6, 1998
[2] I shall contmue to reserve my decIsIOn on the order of proceedmg untIl af-
ter the exchange of partIculars and documents IS completed If the employer has
any submIssIOns to make as to the suffiCIency of the umon's partIculars or ItS po-
SItIOn on the order of proceedmgs m lIght of the partIculars, they are to be delIv-
ered to the Board and to the umon m wrItmg by November 6, 1998
~
Dated at Toronto thIS d day of October, 1998
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