HomeMy WebLinkAbout1996-2690 et al.Ross.02-10-02 Order
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COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
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UNION#97D318 97D319 97D320 98A656 98A657 98A658 02A1l2,02A1l3
02A1l4 02A1l5 02A1l6 02A1l7 02A1l8 02A1l9 02A120 02A121 02A122,
02A123 02A124 02A125 02A126 02A127 02A128 02A129 02A130 02A131
02A 13 2, 02A 13 3
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Ross)
Grievor
-and-
The Crown III RIght of Ontano
(Mimstry of CorrectIOnal ServIces)
Employer
BEFORE Bram HerlIch Vice-Chair
FOR THE UNION John BrewIll
Counsel
Ryder Wnght Blair & Doyle
FOR THE EMPLOYER Mary Gersht
Counsel
Management Board Secretanat
HEARING September 25 2002
2
ORDER
Some 26 gnevances filed on behalf of the gnevor have been referred to me for
determmatIOn. On the first day scheduled for heanng m thIS matter the partIes engaged m
dIscussIOns aimed at settlIng these matters Those dIscussIOns have, so far not resulted m
any resolutIOn. Dunng that day however counsel mdlcated that there were some
outstandmg Issues relatmg to partIculars and productIOn of documents and agreed to a
schedule for the filIng ofwntten submIssIOns m that regard.
The tIme for filIng of submIssIOns wIth respect to the employer's motIOn has now
passed and I have had the opportumty to reVIew and consIder the partIes' submIssIOns m
that regard.
Havmg regard to those submIssIOns and the posItIOns of the partIes, the Board
hereby dIrects that the umon provIde partIculars of the facts on whIch It and the gnevor
rely specIfically WIth respect to gnevances allegmg dlscnmmatIOn, unfair treatment or
other generalIzed allegatIOns These wntten partIculars are to mclude not merely legal
conclusIOns but, m addItIOn, the facts whIch the umon and the gnevor assert support any
such conclusIOns and demonstrate the dlscnmmatIOn or breach of the collectIve
agreement alleged. With respect to each act or omISSIOn alleged, the partIculars shall
mdlcate what was done or not done, when, where, by what means and by whom and, to
the extent motIvatIOn may be a relevant factor wIth what motIvatIOn.
The umon IS also dIrected to provIde employer counsel wIth copIes of all
documents on whIch It and the gnevor mtend to rely
Leave of the Board wIll be reqUIred should the umon, dunng the subsequent
course of these proceedmgs, seek to adduce eVIdence that was not prevIOusly
partlculanzed or to tender documents not prevIOusly produced to the employer
The umon IS dIrected to comply wIth thIS order not later than October 11 2002
3
I shall deal wIth the umon' s request for partIculars and productIOn, If necessary
once the partIes' submIssIOns In that regard are complete or the tIme for makIng those
submIssIOns has passed.
The heanng In thIS matter wIll contInue, as prevIOusly scheduled, on December
6 2002
Dated at Toronto thIS 2nd day of October 2002
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Bram Herhch
Vice-Chairperson