GSB# 2003-3764

UNION# 2003-0999-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union Grievance)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Nelson Roland Barrister and Solicitor

FOR THE EMPLOYER

Fateh Salim Counsel Management Board Secretariat

HEARING

October 8, 2004.

Interim Decision

At the hearing scheduled to deal with this matter the parties agreed to the following process and time frames:

a) Counsel for the union shall write a letter to counsel for the Ministry outlining the particulars upon which he will be relying in this case. He will also at this time request disclosure from the Ministry. Upon receipt of the Ministry's response, union counsel has reserved the right to supply additional particulars. This letter shall be provided to counsel for the Ministry on or before October 15, 2004.

b) Counsel for the Ministry shall provide his response to the above noted letter on or before October 29, 2004.

c) Should there be any dispute with regard to this exchange of particulars and documents or any other issue at this point either party may contact me and request a teleconference call to deal with the dispute. Any request for a teleconference call shall be made on or before November 12, 2004 and the call itself shall be scheduled as soon as possible but in any event within a week of the request.

This matter is scheduled to resume on December 7, 2004. Counsel for the Ministry (or another representative of management) shall book a boardroom at the Central East Institution for the continuation of this hearing. Should there be any difficulties encountered in doing so, the union will immediately be notified and alternative arrangements shall be made. If there is any dispute on this issue, either side may contact me and request an immediate teleconference call. The parties have agreed that on December 7, 2004 opening statements will be made which will provide the parameters of and framework for the case. At the conclusion of the opening statements, a view will be taken of the Institution.

It appears that there may be individual grievances which deal with some or all of the same issues raised in the union grievance which is before me. The parties may wish to either list these grievances for hearing with the union grievance or consolidate them with the union grievance. This issue is referred back to the parties for discussion and resolution if possible.

As noted, this matter will continue on December 7, 2004.

Dated at Toronto this 21^st^ day of October, 2004.