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HomeMy WebLinkAbout1996-1662VILLELLA96_12_09 ONTARIO EMPLOYES DE LA COURONNE ,,/ CROWN EMPLOYEES DE L'O/'ffARIO 1111 GRIEVANCE COMMISSION DE SElTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100. TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (410) 326-13~ GSB # 1662/96 OPSEU # 96A311-414 IN THE MATTER OF AN ARBITRATION Onder THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Villella) Grievor - and - The Crown in Right of Ontario (Ministry of the Solicitor General & Correctional Services) Employer BEFORE 0 Gray Vice-Chairperson FOR THE s. Wahl GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors FOR THE 0 Holmes EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING December 5, 1996 ? DECISION The employer terminated the grievor's employment terminated effective September 5, 1996 He grieved HIs grIevance was taken through the grievance procedure and referred to arbitration by the Grievance Settlement Board ("the GSB") In mid November 1996, after consultation with the parties as to the availability of counsel and witnesses, the GSB scheduled the grievance for hearing by Vice-Chair McKechnie on a series of non-consecutive dates beginning December 16, 1996 The union then applied to the GSB for an interim order directing that the employer reinstate the grievor to employment pending completion of the hearing on the merits, and asked that a hearing of that application be held prior to the scheduled commencement of the hearing on the merits. That application was scheduled for hearing before me on December 5, 1996 At that heanng I heard submissions on the employer's objection that the GSB is without jurisdiction to make an interim order reinstating an individual to employment, and on certam matters relating to the production of documents and attendance of summonsed witnesses. This decision records the orders I made orally at the hearing concerning production of documents and attendance of witnesses. With reference to the three members of management served by the union with summonses returnable December 5, 1996, I order that 1 The employer is to give notice to the three summonsed WItnesses that the summonses wIth which they were served requIre theIr attendance at the hearmg in this matter scheduled for December 16, 1996, and is to provide the UnIon with proof of its havmg gIven that notIce adequate to support the issue of a warrant (or stating of a case to the DIvisIOnal Court, if the Statutory Powers Procedure Act applIes to these proceedmgs, as the union argues) m the event that one or more of the witnesses falls to attend WIthout lawful excuse. 2 Except as mdicated In paragraph 3, the employer IS to produce each of the documents desCrIbed In the summonses, WIth the clarIficatIOns _.~ . 2 r indIcated by union counsel at the hearmg December 5, 1996, on or before Wednesday, December 11, 1996, eIther by provldmg union counsel with copIes or by producing originals for inspection by umon counselor a solicitor from his firm at a smgle location m the CIty of Toronto. 3 Documents whIch could not wIth reasonable dIligence have been located and produced by the deadline specIfied in paragraph 2, and documents which the employer objects to produce on grounds of relevance or privilege, need not be produced in accordance with that paragraph. All such documents shall be brought to the hearing scheduled for December 16, 1996, however, excepting only documents which could not with reasonable diligence have been located and produced by then. 4. Any question concerning the production of documents which the employer objects to produce or has failed to locate and bring to the heanng scheduled for December 16,1996 may be addressed to the Vice- Chair who conducts that hearing Dated at Toronto this 9th day of December, 1996 a~ Owen V Gray, Vice-C