Ontario Public Service Employees Union (Mask) v. The Crown in Right of Ontario (Ministry of Natural Resources), 2007 CanLII 6893

GSB# 2005-3162

UNION# 2005-0447-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mask)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources)

Employer

BEFORE

Richard L. Jackson

Vice-Chair

FOR THE UNION

Mark Barclay Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Benjamin Parry Counsel Ministry of Government Services

HEARING

December 21, 2006.

Decision

This is an order for particulars and production made in respect of GSB Case File No. 2005-3162, OPSEU v. MNR (Randy Mask) for purposes of a new hearing date of March 9, 2007, set by the parties and the mediator-arbitrator at a mediation held in Kingston on December 21, 2006. The order is as follows.

1The union shall provide the employer with written particulars of all of the allegations of fact on which it relies on in connection with this grievance, 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.

2With respect to each of the acts and omissions alleged therein, the union'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 the union 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 the union'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.

3The union's particulars and productions shall be delivered to employer counsel by the close business on Wednesday, February 14, 2007.

4If the union fails to produce a document or provide particulars of an allegation of fact in accordance with this order it may not introduce that document or testimony about that allegation into evidence in these proceedings without leave.

5The provisions of this order with respect to production of documents do not preclude an application (after the union has provided the particulars to the employer) by either party for an order requiring the production of additional documents.

6Unless the parties agree otherwise in the meantime, the hearing in this matter will continue on March 9, 2007.