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HomeMy WebLinkAbout1996-2582.Borg.99-12-14 Decision ()NTARI() EMPUJYES DE LA nWR()NVE f'R()WV 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 # 2582/96 2583/96 OPSEU # 97B152, 97B153 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Borg) Gnevor - and - The Crown III RIght of Ontano (Mimstry of Health) Employer BEFORE Owen V Gray Vice Chair FOR THE Mihad Fahmy GRIEVOR Counsel ElIot, SmIth Barnsters & SOlICItorS FOR THE Chnstopher Jodhan EMPLOYER Counsel, Legal ServIces Branch Management Board Secretanat HEARING December 13 1999 ORDER [1] There are two grIevances before me dated August 14 1996 In one the grIevor alleges that he was surplused m bad faIth In the other he complams of dISCrImmatIOn on the basIs of ethnICIty and sex [2] The UnIon shall provIde employer counsel wIth wrItten partIculars of the facts that It and the grIevor say demonstrate the dISCrImmatIOn and bad faIth alleged WIth respect to each alleged act or omISSIOn relIed upon, the UnIon s partIculars shall mdIcate what was done or not done when, where by what means and by whom The UnIon shall also provIde partIculars of the remedIes bemg sought m these proceedmgs The UnIon shall also provIde employer counsel wIth copIes of all documents on whIch It and the grIevor mtend to rely m these proceedmgs that have not already been produced to the employer m connectIOn wIth these grIevances The UnIon s partIculars and copIes of documents shall be delIvered to employer counsel on or before February 18 2000 [3] The employer shall provIde UnIon counsel wIth partIculars of the facts on whIch It mtends to rely m response to the allegatIOns set out m the UnIon spar tIculars The employer shall IdentIfy m ItS partIculars the UnIon allegatIOns wIth whIch It agrees, the UnIon allegatIOns wIth whIch It dIsagrees and as to the alle gatIOns wIth whIch It dIsagrees the verSIOn of the facts on whIch It relIes The employer shall also provIde UnIon counsel wIth copIes of all documents on whIch It mtends to rely m these proceedmgs that have not already been produced to the UnIon m connectIOn wIth these grIevances The employer's partIculars and copIes of documents shall be delIvered to UnIon counsel on or before March 10 2000 [4] The deadlmes specIfied m thIS order can be varIed by WrItten agreement of the UnIon 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 30 and wIll contmue on AprIl 27 and 28 and, If necessary June 5 and 6 2000 Dated at Toronto thIS 14th day of December 1999 ~""" . '.', '" . -- . I _ .. t --- . ~ ~ , Owen V Gray VIce ChaIr