GSB#2007-2599

UNION# 2007-5107-0035

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kanagarajah)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Owen V. Gray

Vice-Chair

FOR THE UNION

Ernest A. Schirru Counsel Koskie Minsky LLP Barristers and Solicitors

FOR THE EMPLOYER

Alison Renton Counsel Liquor Control Board of Ontario

Conference Call

September 24, 2008.

Decision

1On June 20, 2008, by agreement of the parties, I ordered that the parties exchange particulars and productions with respect to this grievance. This decision addresses the union’s failure to comply with that order.

2I ordered that particulars and productions be delivered on the following timetable:

• Employer’s Particulars and Productions by July 3, 2008
• Union’s Particulars and Productions by August 1, 2008
• Employer’s Reply Particulars and Productions by August 22, 2008

This timetable was agreed upon by the parties as reasonable in relation to the scheduled continuation date of November 5, 2008.

3The employer delivered its particulars and productions in a timely fashion. Union counsel advises that he then met with the grievor on July 25, 2008 and provided the grievor with copies of the particulars and productions and my decision of June 20^th. Apparently the grievor was not then in a position to give union counsel what he needed by way of particulars and documents, and told counsel that he could not do so by August 1, 2008, but undertook to do so by August 5^th. On that basis, union counsel sought and obtained the employer’s agreement to extend the deadline for delivery of the union’s particulars and productions to August 15^th.

4No union particulars were delivered thereafter, either by the extended August 15^th deadline or thereafter. This was the subject of discussion between counsel thereafter. Union counsel has not heard from the grievor since July 25^th, nor has he been able to contact the grievor despite attempts to do so. Accordingly, he has not been in a position to assure employer counsel that particulars and productions will be delivered in advance of the hearing, or at all.

5As I noted in my decision of June 20^th, the parties agreed that an exchange of particulars and production of documents is necessary in this case.

If the grievor fails or refuses to give the union what it needs in order to provide particulars of his grievance and production of the documents on which he may want the union to rely in pursuing the grievance on his behalf, then in the absence of some acceptable explanation for the failure he will be taken to have abandoned his grievance and it will be dismissed with prejudice and without a hearing on the merits.

6Having heard the submissions of counsel, the deadline for delivery of the union’s particulars and productions specified in paragraph [4]b) of my decision of June 20, 2008 is hereby extended to Monday, October 6 at 5 p.m. The deadline in paragraph [4]c) is extended to Monday, October 28, 2008.

7The union’s particulars and productions must be delivered by Monday, October 6 at 5 p.m. If they are not, the union will be called upon to show cause why this grievance should not be dismissed. That issue will be considered in a telephone conference with counsel on Tuesday, October 7, 2008 commencing at 9 a.m., unless in the meantime the union has complied with this decision or the parties have agreed on some other course of action.