HomeMy WebLinkAbout1995-1581.Damani.99-12-14 Decision
()NTARI() EMPUJYES DE LA nWR()N7I.fE
f'R()W7I.f EMPL()YEES DE L'()NTARI()
GRIEVANCE COMMISSION DE
1111 SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 1581/95
OPSEU # 95E434
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Damani)
Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of Health)
Employer
BEFORE Owen V Gray Vice Chair
FOR THE Peggy SmIth
GRIEVOR Counsel
ElIot, SmIth
BarrIsters & SOlICItorS
FOR THE Roslyn BaIchoo
EMPLOYER Counsel, Legal ServIces Branch
Management Board Secretanat
HEARING December 6 1999
ORDER
[1] There are two gnevances before me dated June 30 1995 and August 24
1997 The gnevor complams m both gnevances of havmg been demed promo
tIonal opportumtIes and trammg She alleges that those demals constItuted dlS
cnmmatIOn on the basIs of race and umon actIvIty contrary to ArtIcle A of the
collectIve agreement m force pnor to March 31 1996 and ArtIcle 3 of the collec
tIve agreement m force from and after that date By way of remedy she asks
that the employer be ordered to appomt her to a full tIme posItIOn that takes mto
account her qualIficatIOns and abIlItIes, and that It be ordered to pay compensa
tIon for a 3 month penod m 1995 when she was away from work on sIck leave
[2] The umon shall provIde employer counsel wIth wntten partIculars of the
facts that It and the gnevor say demonstrate the dlscnmmatIOn alleged WIth
respect to each act or omISSIOn alleged the umon s partIculars shall mdlcate
what was done or not done when, where by what means and by whom The un
IOn shall also provIde partIculars wIth respect to the gnevor's 3 month sIck leave
m 1995 and the connectIOn between It and the alleged dlscnmmatIOn The umon
shall also provIde employer counsel wIth copIes of all documents on whIch It and
the gnevor mtend to rely m these proceedmgs that have not already been pro
duced to the employer m connectIOn wIth these gnevances mcludmg any medI
cal report relIed upon m connectIOn wIth the claIm for compensatIOn. The umon s
partIculars and copIes of documents shall be delIvered to employer counsel on or
before Fe bruary 11 2000
[3] The employer shall provIde umon counsel wIth partIculars of the facts on
whIch It mtends to rely m response to the allegatIOns set out m the umon spar
tIculars The employer shall IdentIfy m ItS partIculars the umon allegatIOns wIth
whIch It agrees, the umon allegatIOns wIth whIch It dIsagrees and as to the aIle
gatIOns wIth whIch It dIsagrees the verSIOn of the facts on whIch It relIes The
employer shall also provIde umon counsel wIth copIes of all documents on whIch
It mtends to rely m these proceedmgs that have not already been produced to the
umon m connectIOn wIth these grIevances The employer's partIculars and copIes
of documents shall be delIvered to umon counsel on or before March 3 2000
[4] The deadlmes specIfied m thIS order can be varIed by WrItten agreement of
the umon and employer A party who faIls to produce a document or provIde par
tIculars of an allegatIOn m accordance wIth thIS order may be precluded from m
troducmg that document or testImony about that allegatIOn mto eVIdence
[5] The hearmg of these grIevances IS adJourned to March 23 and 24 2000
Dated at Toronto thIS 14th day of December 1999
~,,~
1". .'. '" - J '- . . X.
. . . .,.... . ". ~
Owen V Gray VIce ChaIr