HomeMy WebLinkAbout2003-3764.Union Grievance.05-01-18 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
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GSB# 2003-3764
UNION# 2003-0999-0032
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) Union
- and -
The Crown In RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Jamce Johnston Vice-Chair
FOR THE UNION Nelson Roland
BarrIster and SOlICItor
FOR THE EMPLOYER Fateh SalIm
Counsel
Management Board Secretanat
HEARING January 14 2005
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Intenm DeCISIon
At the heanng scheduled to deal wIth thIS matter It was agreed that the folloWIng process and
tIme frames were appropnate
a) The Mimstry shall provIde to the umon specIfics, IncludIng make, model, year
etc wIth regard to the eqUIpment utIlIzed In the control rooms at the Central East
CorrectIOnal Centre ("CECC") as soon as possIble
b) Both partIes are In the process of obtaInIng the OpInIOn of an expert or experts In
thIS case The specIfics of the eqUIpment noted above shall be referred to these
experts and shall be addressed or utIlIzed by them In the preparatIOn of theIr
reports
c) Should eIther sIde wIsh to rely upon the report prepared by theIr respectIve expert
In the proceedIngs before me, a copy of the report shall be provIded to the other
sIde on or before February 11 2005
d) Once the reports have been prepared and/or exchanged as provIded for above, If
upon further reflectIOn should eIther sIde wIsh to wIden the "pool" of eqUIpment
analyzed by theIr respectIve experts to take Into account eqUIpment utIlIzed at
another InstItutIOn or correctIOnal facIlIty the other party shall be ImmedIately
notIfied. The party seekIng to Include addItIOnal eqUIpment shall provIde to the
other sIde, to the extent possIble, the partIculars of thIS eqUIpment, IncludIng the
locatIOn of It.
e) The umon shall provIde partIculars to the Mimstry wIth regard to any extnnsIc
eVIdence It IS seekIng to rely upon and the Mimstry shall provIde to the umon
partIculars In support of the estoppel argument It has IndIcated an IntentIOn to
make The partIes shall exchange these partIculars and any other partIculars that
may be relevant to thIS case on or before February 18 2005
f) Both partIes shall have the opportumty to respond to the addItIOnal partIculars
whIch they have receIved. Any such response shall be provIded to the other sIde
on or before February 25 2005
g) There are In eXIstence IndIVIdual gnevances whIch raise some or all of the same
Issues whIch are before me In the context of the umon gnevance The partIes have
agreed that these gnevances shall be adJourned SIne dIe pendIng the resolutIOn of
the umon gnevance Should It be necessary to deal wIth the IndIVIdual gnevances
at some pOInt, they shall be scheduled for medIatIOn before me
h) Once the umon IS In receIpt of full partIculars, It IS agreed that when the heanng
of thIS matter commences, the umon shall proceed first to call ItS eVIdence
Should there be any dIspute wIth regard to the exchange of partIculars and documents, or any
other Issue, eIther party may contact the Gnevance Settlement Board or me dIrectly and request a
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teleconference call to deal wIth the dIspute Any request for a teleconference call shall be dealt
wIth and the call Itself scheduled as soon as possIble
The partIes agreed to adJourn the prevIOusly scheduled dates of February 3 and February 15
2005 ThIS matter IS therefore scheduled to contInue on February 16 and 23 2005 Two
addItIOnal dates, May 3 and May 13 2005 were also set.
Dated at Toronto thIS 18th day of January 2005