GSB# 1996-0717, 1999-0878, 2001-0295, 2001-1069, 2002-0591
UNION# 96F261, 99C862, 01C251, 2001-0517-0238 [01C693], 2001-0517-0261 [01C699], 2001-0517-0260 [01C700], 2001-0517-0259 [01C698], 2001-0517-0239 [01C694], 2001-0517-0240 [01C695], 2001-0517-0242 [01C697], 01C696, 02C718
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Sidhu)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Randi H. Abramsky
Vice-Chair
FOR THE UNION
Nelson Roland Barrister and Solicitor
FOR THE EMPLOYER
Sean Kearny Counsel Management Board Secretariat
HEARING
July 28, 2004.
Order
The grievor, Habir Sidhu, has a considerable number of grievances currently pending before the Board. On January 19, 2004, a mediation session took, place at which time counsel for the Employer, Sean Kearny, requested particulars of the grievor’s allegations.
On June 9, 2004, Mr. Kearny sent counsel for the Union, Mr. Nelson Roland, a letter again requesting particulars and supporting documents. Despite attempts by Mr. Roland to provide the requested particulars, none have yet to be provided.
According to Mr. Sidhu, the Employer had requested nothing for six months, then sent the June 9, 2004 letter. He met with Mr. Roland once on July 13, 2004 and simply did not have enough time to respond to the Employer’s request.
As a result, however, the hearing set for today, July 28, 2004, could not proceed, and two additional hearing dates set for next week have now been lost. Our next hearing date in this matter is scheduled for September 13, 2004.
Having considered these facts and the obligations imposed on the parties under Articles 22.14.4 and 22.14.5 of the collective agreement as well as the principles of natural justice, I hereby make the following ORDER:
On or before August 13, 2004, the Union is to provide counsel for the Employer the particulars and documents requested in Mr. Kearny’s letter of June 9, 2004. On the same date, Mr. Kearny is to provide particulars and documents to Mr. Roland in relation to any disciplinary grievances on which the Employer bears the onus, to the extent, if any, that he has not yet done so.
On or before September 3, 2004, counsel are to respond to the particulars provided in paragraph 1.
If compliance with this Order is not forthcoming on the dates set out in this Order, the parties are free to make any motions they deem appropriate, including a motion to dismiss the grievances.
Issued this 28^th^ day of July, 2004.