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HomeMy WebLinkAbout1995-1855.Union.00-12-18 Order o NTARI 0 EMPLOYES DE LA COL'RONNE CROWN EAIPLOYEES DE L 'ONTARIO -- GRIEVANCE COMMISSION DE 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#1855/95 OPSEU#99Ul16 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Emplovees Umon (Umon Gnevance) Gnevor - and - The Crown ill RIght of Ontano (Mimsm of the SolIcItor General and CorrectIOnal ServIces) Employer BEFORE Owen V Gra, V Ice Chair FOR THE AlIck Rvder Q C GRIEVOR Counsel Rvder Wnght BlaIr & Dovle FOR THE Len Mam Semor Counsel EMPLOYER Legal ServIces Branch Management Board Secretanat HEARING December 14 2000 2 ORDER [1] ThIs grIevance alleges that the employer vIOlated the prOVISIOns of a Compressed Work Week Agreement that was m effect at the Va mer Centre for Women when the grIevance was filed m September 1995 In my decIsIOn of February 1998 I clIsmIssed the employer S ObjectIOn that the remedy sought by the umon could not mclude compensatIOn for those employees whose rIghts under the Compressed Work Week Agreement were allegedly vIOlated. I emphasIzed, however that thIS IS not a deCISIOn about whether the Compressed Work Week Agreement oblIged the employer to gIve employees a meal break that was responsibilIty free nor about the likelihood that the umon can prove that the employer breached that agreement nor about whether the employer will be lIable for compensatIOn If It (lId breach that agreement nor about the likelihood that the umon can establIsh a basIs for an award of any substantIal amount of compensatIOn. I also saId thIS The partIes and the affected employees would be well advIsed to consHler carefully whether the amounts realIstIcally m Issue In the compensatIOn clmms warrant the consHlerable expendIture of tIme and money that It appears will be necessary both to pursue the compensatIOn clauns and to resIst them. If the partIes are not now able to settle the matter on terms more attractIve to them both than the prospect of contmued lItIgatIOn of these Issues I will hear the partIes submIssIOns concernmg the course the heanng should now take IncluclIng the matters on whIch wntten partIculars should be prepared and provIded pnor to any hearmg on the ments ThIs matter may be scheduled for further hearmg at the request of eIther party [2] The matter was eventually rescheduled for hearmg on December 14 2000 Havmg heard the partIes submIssIOns I orally ordered the delIvery of partIculars and productIOn of documents The prOVISIOns of that order are reproduced m paragraphs '3 through 9 of thIS order ['3] Each of the partIes IS to provIde the other wIth wrItten partIculars of the facts on whIch It relIes m thIS matter '3 [4] WIthout lImItmg the generalIty of paragraph '3 the umon R partIcularR Rhall mclude a) the name of each perRon for whom compenRatIOn IR Rought b) for each Ruch perRon, the occaRIOnR In reRpect of whIch compenRatIOn IR Rought c) for each Ruch occaRIOn, i) the factR on whIch the Umon relIeR m Rupport of the claIm that there waR a breach of the collectIVe agreement on that occaRIOn m reRpect of whIch the perRon Rhould receIVe compenRatIOn, and n) the amount of compenRatIOn claImed for the perRon and the factR on whIch the Umon relIeR m Rupport of that amount [5] WIthout lImItmg the generalIty of paragraph '3 the employer R partIcularR Rhall a) wIth reRpect to each perRon and each occaRIOn IdentIfied m the umon R partIcularR, mclIcate whether It agreeR or dIRagreeR WIth the umon R allegatIOnR concernmg that occaRIOn arreI, If It dIRagreeR the allegatIOnR of fact on whIch It relIeR WIth reRpect to that occaRIOn, b) wIth reRpect to any other allegatIOnR m the umon R partIcularR, mclIcate m each caRe whether It agreeR or dIRagreeR WIth the umon R allegatIOnR arreI, If It dIRagreeR, the allegatIOnR of fact on whIch It relIeR WIth reRpect to that IRRue and c) Ret out any other factR on whIch the employer relIeR [6] TheRe clIrectIOnR wIll not be RatIRfied by aRRertmg concluRIOnR of fact baRed on factR not expreRRly alleged. AllegatIOnR of fact Rhould Ret out who chd or faIled to do what when, where and to whom arreI, If motIVatIOn IR relevant WIth what motIVatIOn. PartIcularR need not and Rhould not deRcnbe the eVIdence by whIch 4 the party delIvermg them wIll Reek to prove the allegatIOnR of fact Ret out m them. [7] Together wIth It wntten partIcularR, each party IR to provIde the other wIth copIeR of any documentR m ItR pORReRRIOn, cURtody or power (or m the caRe of the Ulllon, m the pORReRRIOn, cURtody or power of any perRon on whoRe behalf It clmmR compenRatIOn) on whIch It may Reek to rely at the hearmg of thIR matter [8] The Ulllon R partIcularR and productIOnR are to be delIvered to the employer on or before Fnday February 16 2001 The employer R partIcularR and productIOnR are to be delIvered to the Ulllon on or before Fnday March 16 2001 Any prevIOuRly unpartIculanzed factR on whIch the Ulllon mtendR to rely m reRpect of IRRueR firRt rmRed m the employer R partIcularR are to be partIculanzed m wntmg and Ruch reply partIcularR are to be delIvered to the employer on or before Apn114 2001 [9] The tImetable for delIvery of partIcularR and productIOn of documentR m thIR matter may be vaned by wntten agreement of the partIeR [10] ImplIcIt m the order pronounced at hearmg IR the followmg' documentR not produced m accordance wIth thIR order may not be mtroduced mto eVIdence at hearmg wIthout leave allegatIOnR of fact not partIculanzed m accordance wIth thIR order may not be the RubJect of teRtImony or other eVIdence at hearmg wIthout leave arreI, leave wIll not be granted except for good and Ruffic18nt caURe [11] The hearmg m thIR matter IR adjourned to dateR to be Ret by the RegIRtrar m conRultatIOn wIth the partIeR 5 Dated at Toronto thIR 18th day of December 2000 Owen V Gray VIce-ChaIr