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HomeMy WebLinkAbout2010-2654.Pacheco.18.04.26 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2010-2654 UNION#2010-0234-0283 Additional grievances noted in Appendix “A” IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pacheco) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Ken Petryshen Arbitrator FOR THE UNION John Brewin Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel HEARING April 25, 2018 - 2 - DECISION [1] I am hearing a number of discipline grievances filed on behalf of Mr. J. Pacheco, a Bailiff. During the course of this proceeding, it has been necessary to address many disputes over production. We are at the point in the proceeding where Union counsel is cross-examining Mr. A. Watson, Manager. Prior to the commencement of the hearing on April 25, 2018, I was advised that there was an issue regarding the Union’s intention to enter certain documents during its cross-examination of Mr. Watson. The matter was addressed informally and may not be entirely resolved. Unfortunately, the hearing was adjourned to give the Employer the opportunity to deal with issues that relate to the Union’s request to file these documents. [2] As a result of what occurred yesterday, I believe it is appropriate to remind both parties of previous directions that were made in this proceeding regarding the production of documents. In a decision dated August 24, 2017, at paragraph 5, I directed both parties as follows: …In addition, I direct the Employer and the Union to produce to counsel opposite any other documents upon which it intends to rely in the matters that are currently being heard by the GSB by no later than September 6, 2017. [3] In a subsequent decision about production dated April 5, 2018, I noted as follows: … In an effort to bring some closure to the production process, the parties agreed that any production requests made after September 6, 2017, would require leave of the Arbitrator. The parties recognize with this agreement that a production request would not be denied simply because it was made after September 6, 2017. In my view, the Arbitrator is obliged to exercise his discretion on disputed production requests by considering all of the relevant factors, including the time of the request. This is the approach I have taken in considering the production requests now before me. I can appreciate that the seemingly never ending production issues are frustrating for both parties. There may be an end in sight given Mr. Brewin’s indication that he is in the process of attempting to complete a list of the remaining Union production requests. [4] Of course, the rules relating to particulars and the timely filing of documents that a party intends to rely on are designed to ensure that each party is aware of the issues in the proceeding and to avoid unnecessary delay. Having regard to the extensive production issues that have been addressed thus far in this proceeding, it is difficult to - 3 - imagine that a party by now has not been in a position to produce to the party opposite all of the documents upon which it intends to rely pursuant to the direction to do so in the decision dated August 24, 2017. As usual, future disputes over production will be addressed in a way that balances the interests of both parties and ensures that the hearing of this matter proceeds as expeditiously as possible. Dated at Toronto, Ontario this 26th day of April 2018. “Ken Petryshen” Ken Petryshen, Arbitrator - 4 - Appendix A GSB Number OPSEU File Number 2012-0727 2012-0234-0066 2013-3214 2013-0234-0359 2014-0350 2014-0234-0061 2014-3305 2014-0234-0458 2014-3846 2014-0234-0508 2014-4854 2015-0234-0030 2015-0390 2015-0234-0058 2015-0494 2015-0234-0069 2015-0495 2015-0234-0070 2015-0496 2015-0234-0071 2015-0913 2015-0234-0085 2015-0914 2015-0234-0086 2015-0915 2015-0234-0087 2015-0916 2015-0234-0088 2015-1310 2015-0234-0108 2015-1311 2015-0234-0109 2015-1312 2015-0234-0110 2015-1313 2015-0234-0111 2015-1314 2015-0234-0112 2015-1315 2015-0234-0113 2015-1316 2015-0234-0114 2015-1317 2015-0234-0115 2015-1318 2015-0234-0116 2015-1319 2015-0234-0117 2015-1320 2015-0234-0118 2015-1321 2015-0234-0119