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HomeMy WebLinkAbout2000-1203.Schoular.01-03-29 Order o NTARl 0 EMPLOYES DE LA CO['RONNE CROWN EMPLOYEES 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 # 1203/00 OPSEU#00B379 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Employees U mon (Schoular) Gnevor - and - The Crown m RIght of Ontano (Mimstry of EducatIOn and TraInIng) Employer BEFORE Owen V Gray Vice Chalf FOR THE George Richards GRIEVOR Gnevance Officer OntarIO Pubhc ServIce Employees Umon FOR THE Kelly Burke Counsel EMPLOYER Legal ServIces Branch Management Board Secretanat HEARING March 22 2001 2 ORDER [1] The employer shall provIde the umon wIth wntten partIculars of the facts on whIch It relIes m thIS matter mcludmg, wIthout lImItmg the foregomg, the facts on whIch It relIes m assertmg that the gnevor s runnmg for and ho1dmg office as a trustee of the Upper Canada DIstnct School Board m and after October 2000 would have mterfered and would mterfere wIth the performance of the gnevor s dutIes as an employee of the MmIstry or would have conflIcted and would conflIct WIth the mterests of the Crown wIthm the meanmg of sectIOns 28 4 and 28 7 of the Pubbc Sen'lce "4ct. To the extent that the employer relIes on the act or omISSIOn of any person, the employer s partIculars shall mchcate what was done or not done when, where by what means and by whom. To the extent the employer relIes on the prOVISIOns of any statute or regulatIOn (other than the Crou'n Emplovees Collectwe Bargauung "4ct, the Labour Relatwns "4ct or the aforesaId prOVISIOns of the Pubbc Sen'lce "4ct) the prOVISIOns relIed upon must be IdentIfied wIth specIficIty The employer shall also provIde the umon wIth COpIeS of any documents m the po sseSSIOn, custody or power of the employer on whIch It may wIsh to rely m these proceedmgs that have not already been produced to the employer m connectIOn wIth thIS gnevance The employer s partIculars and COpIeS of documents shall be delIvered to Mr RIchards or such other counsel as the umon may have desIgnated for thIS purpose m the meantIme by the close of busmess Fnday May 18 2001 [2] The umon shall provIde the employer wIth wntten partIculars of the facts on whIch It mtends to rely In ItS partIculars, the umon shall specIfically IdentIfy the employer allegatIOns wIth whIch It agrees If any As for the employer allegatIOns wIth whIch It clIsagrees, It shall specIfically note ItS chsagreement and set out partIculars of the facts on whIch It relIes wIth respect to the matters addressed by those employer allegatIOns WIth respect to any act or omISSIOn It alleges the umon s partIculars shall mchcate what was done or not done when, where by what means and by whom. The umon shall also provIde the employer wIth COpIeS of any documents m the posseSSIOn, custody or power of the umon or '3 of the gnevor on whIch the umon mtendR to rely m theRe proceechngR that have not already been produced to the employer m connectIOn wIth theRe gnevanceR The umon R partIcu1arR and copIeR of documentR Rhall be delIvered to MR Burke or Ruch other counRe1 aR the employer may have deRIgnated for thIR purpORe m the meantIme by the cloRe ofbuRmeRR Fnday June 15 2001 ['3] If m reRpect of IRRueR rmRed for the firRt tIme by partIcu1arR and documentR delIvered by the umon the employer mtendR to aRRert factR not prevIOuR1y partIcu1anzed or determmeR that It may WIRh to rely on documentR m the pORReRRIOn, cURtody or power of the employer that It haR not already produced to the umon under paragraph 1 or otherwIRe m connectIOn wIth thIR gnevance It Rhall provIde the umon wIth wntten partIcu1arR of thoRe factR and copIeR of thoRe documentR aR Roon a pORRIb1e after recelVmg the umon R partIcu1arR and documentR [4] The dead1meR RpecIfied m thIR order may be vaned by wntten agreement of the umon and employer A party who fm1R to produce a document or to provIde partIcu1arR of an allegatIOn m accordance wIth thIR order may be precluded from mtroducmg that document or preRentmg eVIdence about that allegatIOn at the hearmg of thIR gnevance [5] The hearmg of thIR gnevance Rhall contmue June 25 and 28 2001 Dated at Toronto thIR 29th day of March, 2001 ~V Owen V Gray VIce- C