GSB# 2005-2458

UNION# 2005-0340-0044

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pacione)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Richard Jackson

Vice-Chair

FOR THE UNION

Nelson Roland Barrister and Solicitor

FOR THE EMPLOYER

Michelle Dobranowski Counsel Ministry of Government Services

HEARING

November 8, 2006.

Decision

This is an Order for particulars and production made in respect of GSB Case File No. 2005-2458, OPSEU and Ministry of Finance (Colleen Pacione) for purposes of a hearing date of June 6, 2007. The order is as follows.

1The parties shall provide each other with written particulars of all of the allegations of fact on which they rely on in connection with this grievance, together with copies of all documents in the possession, custody or power of the employer, the union, or the grievor on which they may wish to rely.

2With 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. The allegations of fact set out in a party’s particulars should be sufficiently comprehensive that it would be unnecessary for that party to call any evidence if the other party were to admit that all of the allegations of fact therein were true. 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. It is not necessary for a party to identify in its particulars any witness to an event in question unless the presence of that person is a material fact on which the party relies.

3The union's particulars and production of documents shall be delivered to employer counsel by the close of business on Friday, May 18, 2007.

4The employer’s particulars and production of documents shall be delivered to the union counsel by the close of business on Wednesday, May 30, 2007.

5A 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 by the Board.

6The provisions of this order with respect to production of documents do not preclude an application by either party for an order requiring the production of additional documents.

7Unless the parties agree otherwise in the meantime, the hearing in this matter will continue on June 6, 2007.