HomeMy WebLinkAbout2007-2734.Hyland.11-03-02 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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Couronne
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IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hyland)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services/Ministry of Community Safety
and Correctional Services) Employer
BEFOREVice-Chair
Ken Petryshen
FOR THE UNION
David Wright
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER
Suneel Bahal
Ministry of Government Services
Labour Practice Group
Counsel
CONFERENCE CALLMarch 1, 2011.
- 2 -
Decision
[1]I have before me grievances filed by Mr. Blair Hyland. A number of hearing days
were scheduled to hear these grievances. The next hearing date is on Friday, March 4, 2011.
The Employer has requested that the March 4, 2011 date be adjourned. The Union opposes this
request. I entertained submissiRQVIURPFRXQVHORQWKH(PSOR\HU¶VDGMRXUQPHQWUHTXHVWGXULQJD
conference call on March 1, 2011.
[2]Not long ago, the Union made a broad production request of the Employer.
Although reasonable efforts have been made to FRPSO\ZLWKWKH8QLRQ¶VUHTXHVWWKH(PSOR\HU
has not obtained all of the requested documentation and will be unable to do so before March 4,
2011. Apart from the production request, I was advised that counsel have not completed the
process of exchanging particulars. Although reluctant to lose a day of hearing, it makes no sense
to proceed on March 4, 2011, when the Union has not received the documents it requested and
particulars have not been exchanged. I therefore advised counsel at the conclusion of the
conference call that I woulGJUDQWWKH(PSOR\HU¶VUHTXHst to adjourn March 4, 2011.
[3]Employer counsel indicated that he inteQGHGWRVDWLVI\WKH8QLRQ¶VSURGXFWLRQ
request by no later than March 11, 2011. Counsel indicated that they would exchange particulars
within a reasonable time.
[4]Accordingly, the hearing scheduled for March 4, 2011, is hereby adjourned and
this proceeding will continue on Friday, March 25, 2011.
nd
Dated at Toronto this 2 day of March 2011.
Ken Petryshen, Vice-Chair