HomeMy WebLinkAbout2003-0711.Union Grievance.03-11-04 ORDER
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# 2003-0711
UNION# 2003-0999-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of TransportatIOn) Employer
BEFORE Owen V Gray Vice-Chair
FOR THE UNION Craig R. CollIns-WillIams
PalIare Roland Rosenberg RothsteIn LLP
Bamsters and SolIcItors
FOR THE EMPLOYER Lucy McSweeney
Counsel
Management Board Secretanat
TELEPHONE November 4 2003
CONFERENCE
2
ORDER
[1] The partIes have agreed to an order reqUIrmg that they exchange partIculars
and documents, and also to the tImetable set out m paragraph [7] of thIS order
[2] 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 ItS possessIOn, custody or power on whIch It may wIsh to rely m support of
those allegatIOns
[3] 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
[4] In the event that the employer's partIculars raIse Issues not addressed 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 ItS possessIOn, power or
control on whIch It may wIsh to rely wIth respect to those reply allegatIOns
[5] WIth respect to each of the acts and omISSIOns alleged therem, each party's
wntten partIculars shall mdlcate what was done or not done, when, where, by what
means and by whom, IdentIfymg by name any mdlvldual 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 that all of the allegatIOns of fact therem were true
3
[6] The reqUIrements of thIS order that each party produce to the other copIes of
documents on whIch It may wIsh to rely does not apply to documents produced by the
employer to umon counsel wIth employer counsel's letter of October 14, 2003
[7] The umon's partIculars and productIOns shall be delIvered to employer counsel
by the close of busmess on Fnday, December 19, 2003 The employer's partIculars and
productIOns shall be delIvered to umon counsel by the close of busmess on Fnday,
January 30, 2004 The umon's reply partIculars and productIOns, If any, shall be
delIvered by the close of busmess on Fnday, February 13, 2004 These deadlmes may be
extended by wntten agreement of the partIes
[8] A party who faIls to produce a document or provIde partIculars of an allegatIOn m
accordance wIth thIS order may not mtroduce that document or testImony about that
allegatIOn mto eVIdence m these proceedmgs wIthout leave
[9] Unless the partIes agree otherwIse m the meantIme, the hearmg m thIS matter
wIll contmue on Tuesday, March 9 and Fnday, March 12, 2004
Dated at Toronto thIS 4th day of November, 2003