HomeMy WebLinkAbout2005-3162.Mask.07-01-23 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2005-3162
UNION# 2005-0447-0004
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Mask)
- and -
The Crown in Right of Ontario
(Mini stry of Natural Resources)
Richard L. Jackson
Mark Barclay
Grievance Officer
Ontario Public Service Employees Union
Benj amin Parry
Counsel
Ministry of Government Services
December 21,2006.
Union
Employer
Vice-Chair
2
Decision
This is an order for particulars and production made in respect of GSB Case File No. 2005-3162,
OPSEU v. MNR (Randy Mask) for purposes of a new hearing date of March 9,2007, set by the
parties and the mediator-arbitrator at a mediation held in Kingston on December 21,2006. The
order is as follows.
[1] The union shall provide the employer with written particulars of all of the allegations of fact
on which it relies on in connection with this grievance, together with copies of all documents in
the possession, custody or power of the union or the grievor on which the union may wish to rely
in support of those allegations.
[2] With respect to each of the acts and omissions alleged therein, the union's written particulars
shall indicate what was done or not done, when, where, by what means and by whom, identifying
by name any individual whose actions are being attributed to an organization. It is not necessary
for the union to include in its particulars a description of the evidence by which it will seek to
prove the facts alleged. The allegations of fact in the union'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 therein.
[3] The union's particulars and productions shall be delivered to employer counsel by the close
business on Wednesday, February 14,2007.
[4] If the union fails to produce a document or provide particulars of an allegation of fact in
accordance with this order it may not introduce that document or testimony about that allegation
into evidence in these proceedings without leave.
[5] The provisions of this order with respect to production of documents do not preclude an
application (after the union has provided the particulars to the employer) by either party for an
order requiring the production of additional documents.
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[6] Unless the parties agree otherwise in the meantime, the hearing in this matter will continue
on March 9,2007.
Dated at Toronto, this 23rd day of January, 2007.