GSB# 2003-1032
UNION# OLB291/03
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees’ Union
(Coones)
Grievor
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFORE
Nimal V. Dissanayake
Vice-Chair
FOR THE UNION
Ron Lebi
Koskie, Minsky LLP
Barristers and Solicitors
FOR THE EMPLOYER
Gordon Fitzgerald
Counsel
Liquor Control Board of Ontario
HEARING
By written submissions received September 23, 2004.
Order
The instant policy grievance is scheduled for hearing on October 4, 2004. By letter dated September 21, 2004 the union requested an order for pre-hearing production pursuant to s. 48(12)(b) of the Labour Relations Act. The employer opposed this request. In the alternative, the employer submitted that any order issued should be restricted to data covering the year 2000 and after.
The parties submitted a series of correspondence that had been exchanged, together with their written submissions and legal authorities.
Having reviewed the same, the employer is ordered to produce to the union the information requested by the union, no later than 5:00 p.m. on Thursday September 30, 2004. Considering, inter alia, the timing of the union’s request, the order is restricted to the information covering the year 2000 and after. If, after reviewing that information, the union decides that it ought to receive production of the information relating to prior years, a further request may be made at the hearing. The Board would require further information and submissions before ruling on any such request, if one is made.
Dated this 27th day of September, 2004, at Toronto, Ontario