HomeMy WebLinkAbout1999-1222.Lewis.00-08-25 Order
ONTARIO EA1PLOYES DE L4 COURONNE
CROW'! EA1PLOYEES 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 FACSIMILE/TELECOPIE. (416) 326-1396
GSB # 1222/99 1223/99
OPSED # 99E119 99E120
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Employees Dmon
(LewIs)
Gnevor
- and -
The Crown m RIght of Ontano
(Mimstn of EducatIOn and Trammg)
Employer
BEFORE RandI H. Abramsk, V Ice Chair
FOR THE George RIchards
GRIEVOR Gnevance Officer
Ontano Pubhc ServIces Employees Dmon
FOR THE Ben Ratelband
EMPLOYER Counsel
Legal ServIces Branch
Management Board Secretanat
HEARING August 14 2000
ORDER
The Employer has moved for an order for partIculars from the Umon as to any
factual Issues the Umon and the gnevor have In regard to the addItIOnal allegatIOns of
solIcItatIOn whIch occurred pnor to the gnevor's dIscharge but dIscovered afterward. In
an earlIer rulIng, I determIned that these allegatIOns were admIssIble Into eVIdence, wIth
the weIght to be accorded them determIned after final submIssIOns Through dIscussIOns
between the partIes, the Umon agreed to admIt, for the truth of the matters asserted,
documents pertaInIng to the addItIOnal allegatIOns The Employer however seeks
partIculars from the Umon about those allegatIOns, IncludIng whether there are Issues of
fact about them
After consIdenng the specIfic facts of thIS case, the submIssIOns and arguments of
the partIes, I conclude that an order for partIculars IS appropnate ArtIcles 22 14 4 and
22 145 of the collectIve agreement state, respectIvely as follows
22 14 4 The partIes agree that pnncIples of full dIsclosure of Issues In
dIspute as alleged by a gnevance advanced by the Umon on
behalf of a member or members, or the Umon Itself, and full
dIsclosure of facts relIed upon by management In a decIsIOn that
IS subject to a gnevance, are key elements In amIcable and
expedItIOus dIspute resolutIOn processes
22 14 5 The partIes agree that at the earlIest stage of the gnevance
procedure, eIther party upon request IS entItled to receIve from
the other full dIsclosure
These provIsIOns clearly IndIcate the partIes' commItment to "full dIsclosure" of the facts
and Issues In dIspute and they create a mutual, contractual entItlement to It. Under
ArtIcle 22 145 the oblIgatIOn to provIde "full dIsclosure" to the other party IS not
dependent on who bears the ultImate onus It applIes equally to both partIes
In addItIOn, It IS my VIew that partIculars are reqUIred so that the Employer may
know the case It has to meet whIch IS a fundamental pnncIple of natural JustIce Under
the specIfic facts of thIS case, the Employer has had no opportumty to learn the Umon's
or gnevor's factual posItIOn on the addItIOnal allegatIOns of solIcItatIOn. PartIculars may
also expedIte the heanng by potentIally lImItIng the number of wItnesses that must be
called or the amount of reply eVIdence that IS reqUIred.
The partIculars that are reqUIred, however are lImIted to what facts and Issues are
In dIspute Counsel for the Employer made It clear that he was not seekIng "wIll say"
statements from the gnevor to be used to Impeach hIm on the wItness stand, nor IS the
Employer entItled to that. What the Employer IS entItled to under ArtIcles 22 14 4 and
22 14 5 IS "full dIsclosure" of the facts and Issues In dIspute
AccordIngly for the reasons set forth above the Umon IS ordered to provIde to
the Employer partIculars as to the facts and Issues In dIspute concermng the addItIOnal
allegatIOns of solIcItatIOn by the gnevor I leave It to the partIes to work out an
appropnate tIme frame for that to occur pnor to the next heanng date
Dated at Toronto thIS 25th August, 2000
fI'1/orn1t61(
RandI Hammer Abramsky Vice-Chair