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Home My WebLink About2000-1441.Persaud.01-10-02 Order ~M~ om~o EA1PLOYES DE LA COURONNE _QJ1, i~~i~~~i~T DE L "ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 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#1441/00, 0044/01, 0045/01, 0188/01,0271/01 UNION#01A057, 01A402, 01A403, 01A404, 01A405, 01A406, 01A407, 01A408, 01A409, 01A41O, 01A411,01A468,01A469,01A568,01A569 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between. OntarIO PublIc ServIce Employees' Umon (persaud) Grievor - and - The Crown In RIght of OntarIO (MmIstry of CorrectIOnal ServIces) Employer Before. Owen V Gray Vice-Chair For the Grievor- John Brewm Counsel, Ryder WrIght BlaH & Doyle BarrIsters & SolIcItors For the Employer- Kate Karn Staff RelatIOns Officer, Human Resources Branch MmIstry of CorrectIOnal ServIces Hearing. September 27,2001 2 ORDER [1] The gnevor has filed a number of gnevances ThIs order provIdes for de- lIvery of partIculars and productIOn of documents m advance of a hearmg of some or all of the gnevances I say some or all because Ms Karn for the em ployer says that a recent settlement by the umon and the employer of certam polIcy gnevances effectIvely settled those gnevances m whIch the gnevor claIms a remedy for the employer's alleged faIlure to post vacanCIes (hereafter referred to as the "faIlure to post" gnevances) Ms Karn further says the partIes have agreed that VIce-ChaIr Bnggs WIll deal wIth any dIspute about what gnevances have been settled m that settlement Counsel for the umon was unable to get m structIOns from the umon on these assertIOns m tIme to respond to then on the date on whIch Ms Persaud's gnevances were scheduled for hearmg [2] In her gnevances other than the "faIlure to post" gnevances, Ms Persaud alleges that a Job competItIOn m whIch she partIcIpated was Improperly con ducted and that m that and varIOUS other respects she has been treated m a dls cnmmatory manner contrary to ArtIcle 3 of the collectIve agreement Directions with respect to claims other than claims for remedies for alleged failures to post vacancies [3] The umon shall provIde the employer wIth wntten partIculars of the remedIes It seeks on the gnevor's behalf m these matters and of any allegatIOns of fact on whIch It may seek to rely m assertmg entItlement to those remedIes WIthout lImltmg the generalIty of that dIrectIOn, m ItS partIculars of any allega tIons of dlscnmmatIOn or harassment the umon must IdentIfy any acts or omlS SIOns complamed of as constItutmg adverse treatment of the gnevor and any acts or omISSIOns on whIch It may rely to demonstrate that the employer has engaged m dlscnmmatIOn on a prohibIted ground as alleged The umon shall also provIde the employer wIth copIes of all documents m the posseSSIOn, custody or power of eIther the umon or the gnevor on whIch the umon may rely m these proceedmgs 3 that have not already been produced by the umon to the employer m connectIOn wIth these gnevances, mcludmg the medIcal report of any physICIan on whose testImony It may seek to rely m connectIOn wIth any claIm for compensatIOn. [4] The employer shall provIde the umon wIth partIculars of the allegatIOns of fact on whIch It mtends to rely m response to the remedIal claIms and allega tIons of fact set out m the umon's partIculars The employer shall IdentIfy m ItS partIculars the umon allegatIOns wIth whIch It agrees, the umon allegatIOns wIth whIch It dIsagrees and, as to each umon allegatIOn wIth whIch It dIsagrees, the verSIOn of the facts on whIch It relIes If the employer mtends to make allega tIons wIth respect to Issues not raIsed by the umon, It shall also set out partIcu lars of those allegatIOns The employer shall also provIde the umon wIth copIes of all documents m ItS possessIOn, custody or power on whIch It may rely m these proceedmgs that have not already been produced to the umon m connectIOn wIth these gnevances [5] In the event that the employer's partIculars raIse Issues not addressed m the umon partIculars delIvered pursuant to paragraph [3], the umon shall de- lIver m reply partIculars of any allegatIOns of fact on whIch It mtends to rely m connectIOn wIth those new Issues, and shall provIde copIes of any addItIonal documents on whIch It may wIsh to rely wIth respect to any such Issues [6] WIth respect to each act or omISSIOn alleged, each party's partIculars shall mdlcate what was done or not done, when, where, by what means and by whom. It IS not necessary for a party to mclude m ItS partIculars a descnptIOn of the eVIdence by whIch It WIll seek to prove any of ItS allegatIOns of fact [7] The umon shall delIver ItS partIculars and copIes of documents to the em ployer by the close of bus mess November 2,2001 The employer shall delIver ItS partIculars and copIes of documents to the umon by the close of bus mess Novem ber 30, 2001 The umon shall delIver ItS reply partIculars and documents, If any, to the employer by the close of busmess December 15, 2001 4 Directions with respect to claims for remedies for alleged failures to post vacancies [8] The umon IS dIrected to advIse the employer by the close of busmess Wednesday, October 10, 2001 whether It agrees that the grIevor's "faIlure to post" grIevances have been settled and, If not, whether It agrees that theIr dls pute m that respect should be referred to VIce-ChaIr BrIggs If the umon ex pressly agrees that the grIevor's "faIlure to post" grIevances have been settled, then they wIll not be the subJect of a hearmg before me [9] If the umon does not expressly agree that the grIevor's "faIlure to post" grIevances have been settled and does not expressly dIsagree that theIr dIspute m that respect should be referred to Vice-ChaIr BrIggs, the employer shall have untIl the close of busmess FrIday, November 2, 2001 to delIver to the GSB, and copy the umon wIth, a wrItten request that the partIes' dIspute over whether those grIevances have been settled be referred to Vice-ChaIr BrIggs, faIlmg whIch the employer wIll be taken to have abandoned ItS obJectIOn to my hearmg the grIevances on theIr merIts [10] If the questIOn whether the grIevor's "faIlure to post" grIevances have been settled remams m dIspute and IS referred to Vice-ChaIr BrIggs wIthout ob- JectIOn as to her JUrISdIctIOn to deal wIth It, the questIOn whether and to what extent the grIevor's "faIlure to post" grIevances may proceed before me wIll have to abIde the outcome of that referral. [11] If the umon does not expressly agree that the grIevor's "faIlure to post" grIevances have been settled, and expressly dIsagrees that the dIspute about whether It has been settled IS one that the partIes have agreed to have Vlce- ChaIr BrIggs resolve and takes the posItIOn that that dIspute should be dealt wIth by me, then one or other party may request that I convene a hearmg by telephone conference to gIve further dIrectIOns [12] If the employer's claIm that the grIevor's "faIlure to post" grIevances have been settled IS eIther abandoned or dIsmIssed, then paragraphs [3], [4], [5] and 5 [6] above shall apply to those gnevances, wIth the umon delIvermg Its partIcu lars and productIOns wIthm one week of the abandonment or dIsmIssal, the em ployer thereafter delIvermg Its partIculars and productIOns wIthm a further two weeks and the umon thereafter delIvermg any reply partIculars and productIOns wIthm a further week. Directions with respect to all of the grievances to which this order applies [13] The partIes may vary any deadlme specIfied m thIS order by wntten agree- ment [14] Each party shall file wIth the GSB a copy of any partIculars It delIvers, wIthm one week after delIvery to the OpposIte party [15] A party who faIls to produce a document or provIde partIculars of an allega tIon m accordance wIth thIS order may be precluded from mtroducmg that docu ment or testImony about that allegatIOn mto eVIdence [16] The prOVISIOns of thIS order wIth respect to productIOn of documents do not preclude an applIcatIOn by eIther party for an order reqUIrmg the productIOn of addItIonal documents [17] The hearmg of these gnevances IS adJourned to January 14, 15 and 16, February 25, 26 and 27 and March 25, 26 and 27, 2002 Dated at Toronto, thIS 2nd day of October, 2001