HomeMy WebLinkAbout2019-1477.Roy.21-08-20 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# 2019-1477; 2019-1478; 2019-1968; 2019-2737; 2020-1085; 2020-2344; 2020-2345; 2020-
2594; 2021-0132; 2021-0133; 2021-0171; 2021-0172; 2021-0308; 2021-0532;
2021-0666; 2021-0698; 2021-0699; 2021-0700
UNION#2019-0229-0027; 2019-0229-0028; 2019-0229-0048; 2020-0229-0003; 2020-0229-0038;
2020-0229-0297; 2020-0229-0298; 2020-0229-0299; 2021-0229-0008; 2021-0229-0009; 2021-
0229-0018; 2021-0229-0019; 2021-0229-0028; 2021-0229-0029;
2021-0229-0037; 2021-0229-0040; 2021-0229-0041; 2021-0229-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Roy) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Maria Kristina Aszenci
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
August 16, 2021
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Decision
[1] The Board is seized of a number of variously dated and related grievances filed
by Mr. Barry Roy, an employee at the Ontario Correctional Institute.
[2] At the hearing there was discussion on a number of process/case management
issues, including particulars and disclosure of documents. On the basis of those
discussions the Board orders as follows.
[3] The union and the employer shall provide to each other full and sufficiently
comprehensive written particulars of the material facts on which they rely on in this
proceeding, and also provide each other with copies of any documents, physical
or electronic, that are in its possession, which it intends to rely on or are arguably
relevant to the issues in dispute in this proceeding.
[4] The foregoing orders shall be carried out in accordance with the following
timetable:
(a) On or before September 24, 2021, the union shall provide to the employer
its particulars and documents as ordered by the Board.
(b) On or before November 5, 2021, the employer shall provide to the union
its particulars and documents as ordered by the Board.
(c) On or before November 5, 2021, the employer shall also raise with the
union any issues/objections it has in relation to the union’s particulars and/or
documents, as well as any preliminary motions it intends to make in this
proceeding.
[5] The parties shall attempt to resolve any issues/ objections raised by the employer
with regard to the union’s particulars and disclosure, as well as anticipated
motions. Any such disputes that are not resolved may be put to the Board for
determination.
[6] The issuance of the instant order does not preclude either party from seeking
production of additional documents after each other’s positions on the issues in
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dispute are better defined following the exchange of particulars and documents in
compliance with the Board order.
[7] The parties may on agreement change the timetable set out herein.
[8] The Board remains seized, and this proceeding will continue on the dates
scheduled.
Dated at Toronto, Ontario this 20th day of August 2021.
“Nimal Dissanayake”
________________________
Nimal Dissanayake, Arbitrator