GSB# 2002-2533

UNION# 2002-0513-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Esmail)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Education)

Employer

BEFORE

Owen V. Gray

Vice-Chair

FOR THE UNION

Ed Holmes Ryder, Wright, Blair & Doyle Barristers and Solicitors

FOR THE EMPLOYER

Benjamin Parry Counsel Management Board Secretariat

HEARING

September 14, 2004.

Order

1The union shall provide the employer with written particulars of all of the allegations of fact on which it relies in this matter, together with copies of all documents in the possession, custody or power of the union or the grievor on which the union may wish to rely in support of those allegations.

2The employer shall provide the union with written particulars of all of the allegations of fact on which it relies in this matter, together with copies of all those documents in its possession, custody or power on which it may wish to rely in support of those allegations. The employer’s particulars shall specifically identify the allegations in the union’s particulars with which it agrees and the allegations with which it disagrees and, as to each allegation with which it disagrees, shall set out the version of the facts on which it relies in that regard.

3In the event that the employer’s particulars address issues not raised in the particulars delivered by the union, the latter shall deliver in reply particulars of any additional allegations of fact on which it intends to rely in connection with those new issues and shall provide copies of any additional documents in the possession, custody or power of the union or the grievor on which it may wish to rely with respect to those reply allegations.

4With respect to each of the acts and omissions alleged therein, each party’s written particulars shall indicate what was done or not done, when, where, by what means and by whom, identifying by name any individual whose actions are being attributed to an organization. It is not necessary for a party to include in its particulars a description of the evidence by which it will seek to prove the facts alleged. The allegations of fact in a party’s particulars should be sufficiently comprehensive that it would be unnecessary for that party to call any evidence if the opposite party were to admit the truth of all of the allegations of fact therein.

5The union’s particulars and productions shall be delivered to employer counsel by the close of business on Friday, October 29, 2004. The employer’s particulars and productions shall be delivered to union counsel by the close of business on Tuesday, November 30, 2004. The union’s reply particulars and productions, if any, shall be delivered by the close of business on Friday, December 10, 2004. These deadlines may be extended by written agreement of the parties.

6A party who fails to produce a document or provide particulars of an allegation of fact in accordance with this order may not introduce that document or testimony about that allegation into evidence in these proceedings without leave.

7The provisions of this order with respect to production of documents do not preclude an application (after the exchange of particulars is completed) by either party for an order requiring the production of additional documents.

8Unless the parties agree otherwise in the meantime, the hearing in this matter will continue on February 9 and 10, March 10 and May 2 and 3, 2005.