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HomeMy WebLinkAbout2002-2533.Esmail.04-09-15 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2002-2533 UNION# 2002-0513-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (EsmaIl ) Grievor - and - The Crown In RIght of Ontano (Mimstry of EducatIOn) Employer BEFORE Owen V Gray Vice-Chair FOR THE UNION Ed Holmes Ryder Wnght, Blair & Doyle Barnsters and SOlICItorS FOR THE EMPLOYER BenJ amIn Parry Counsel Management Board Secretanat HEARING September 14 2004 2 Order [1] The umon shall provIde the employer wIth wntten partIculars of all of the allegatIOns of fact on whIch It relIes m thIS matter, together wIth copIes of all documents m the posseSSIOn, custody or power of the umon or the gnevor on whIch the umon may wIsh to rely m support of those allegatIOns [2] The employer shall provIde the umon wIth wntten partIculars of all of the allegatIOns of fact on whIch It relIes m thIS matter, together wIth copIes of all those documents m ItS possessIOn, custody or power on whIch It may wIsh to rely m support of those allegatIOns The employer's partIculars shall specIfically IdentIfy the allegatIOns m the umon's partIculars wIth whIch It agrees and the allegatIOns wIth whIch It dIsagrees and, as to each allegatIOn wIth whIch It dIsagrees, shall set out the verSIOn of the facts on whIch It relIes m that regard [3] In the event that the employer's partIculars address Issues not rmsed m the partIculars delIvered by the umon, the latter shall delIver m reply partIculars of any addItIonal allegatIOns of fact on whIch It mtends to rely m connectIOn wIth those new Issues and shall provIde copIes of any addItIonal documents m the posseSSIOn, custody or power of the umon or the gnevor on whIch It may wIsh to rely wIth respect to those reply allegatIOns [4] WIth respect to each of the acts and omISSIOns alleged therem, each party's wntten partIculars shall mdIcate what was done or not done, when, where, by what means and by whom, IdentIfymg by name any mdIvIdual whose actIOns are bemg attributed to an orgamzatIOn. It IS not necessary for a party to mclude m ItS partIculars a descnptIOn of the eVIdence by whIch It WIll seek to prove the facts alleged. The allegatIOns of fact m a party's partIculars should be sufficIently comprehensIve that It would be unnecessary for that party to call any eVIdence If the OpposIte party were to admIt the truth of all of the allegatIOns of fact therem. [5] The umon's partIculars and productIOns shall be delIvered to employer counsel by the close of busmess on Fnday, October 29, 2004 The employer's partIculars and productIOns shall be delIvered to umon counsel by the close of busmess on Tuesday, 3 November 30, 2004 The umon's reply partIculars and productIOns, If any, shall be dehvered by the close of busmess on FrIday, December 10, 2004 These deadlmes may be extended by WrItten agreement of the partIes [6] A party who faIls to produce a document or provIde partIculars of an allegatIOn of fact m accordance wIth thIS order may not mtroduce that document or testImony about that allegatIOn mto eVIdence m these proceedmgs wIthout leave [7] The prOVISIOns of thIS order wIth respect to productIOn of documents do not preclude an apphcatIOn (after the exchange of partIculars IS completed) by eIther party for an order reqUIrmg the productIOn of addItIonal documents [8] Unless the partIes agree otherwIse m the meantIme, the hearmg m thIS matter wIll contmue on February 9 and 10, March 10 and May 2 and 3, 2005 Dated at Toronto thIS 15th day of September, 2004