Loading...
HomeMy WebLinkAbout2016-2838.Assenov.19-05-30 DecisionCrown 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# 2016-2838 UNION# 2016-0135-0033 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Assenov) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Diane L. Gee Arbitrator FOR THE UNION Jennifer Micallef Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel HEARING May 29, 2019 -2- DECISION [1] This matter was scheduled to be heard on May 29, 2019. On that date the parties made submissions on a number of preliminary issues. [2] The Employer brought a motion to have a number of paragraphs of the existing statement of particulars struck on the basis that they are insufficiently particularized. The Union did not respond to the Employer’s submissions citing the understanding, reached at the last day of hearing, that the Union would get production of the log books prior to having to finalize the particulars and, while some log books have been provided, some are missing. The Employer agreed to recheck its records and determine whether full production of the log books has been made. [3] The Union sought production of the grievor’s note books. The Employer indicated that it was willing to produce the note books provided restrictions, similar to those imposed on the production of log books by way of paragraph 3 of the Board’s May 21, 2019 decision, be ordered. The Union responded that it was not agreeable to the extent that such restrictions would prevent the grievor from discussing his allegations in public. No final determination was made in respect of this issue as the Employer indicated it needed additional time in order to respond. [4] I hereby modify the restriction imposed at paragraph 3 (i) of the May 21, 2019 decision to permit copies of the log books to be made for use at the hearing of this matter. [5] All copies of the note books currently in the possession and control of the grievor will be destroyed with the exception of a copy that will be retained by Union counsel in her files. [6] With respect to the production of documents and particulars, I hereby order as follows: i. The Employer is to produce to the Union, no later than September 20, 2019, a copy of policies, as requested by the Union, as well as, for the period August 2014 to December 2016, schedules, staff absence reports, log books and the grievor’s note books. Should the Employer continue to seek an order that restrictions be placed on the use of any note books to be produced, it is directed to advise Union counsel and the GSB sufficiently in advance of September 20, 2019 that the issue can be argued and determined by that date. ii. The Union is to produce all documents in the grievor’s possession and control that are arguably relevant to the issues in dispute. -3- iii. Should either party have a request, arising out of the documents produced, for further productions, such request must be made to the party opposite no later than October 20, 2019. iv. Should a party object to producing documents requested by the party opposite, the reasons for the objection, and a request for a conference call, must be communicated to the party opposite, and the GSB, no later than November 20, 2019. All documents requested that a party does not object to producing, must be produced no later than November 20, 2019. v. Provided all documentary issues have been determined and documents provided as set out above, the Union it directed to provide its final particulars to the Employer and the GSB no later than December 20, 2019. vi. No later than January 24, 2020, the Employer is directed to write Union counsel, copying the GSB, advising as to the paragraphs, or sentences within paragraphs, of the particulars provided, that it argues ought to be struck. vii. A conference call will take place on February 4, 2020 at 1:00 p.m. to hear the Union’s submissions in response the Employer’s request that paragraphs, or sentences within paragraphs, be struck. The Employer will have the right to make reply submissions. [7] The hearing of this matter will continue on March 17 and 18, June 9 and 10, September 22, 23, 29, 30, October 6, 7, 14, 15, 20, 21, 27, 28 and December 1 and 2, 2020. Dated at Toronto, Ontario this 30th day of May, 2019. “Diane L. Gee” ______________________ Diane L. Gee, Arbitrator