GSB# 2007-1773
Union#2007-0526-0016
Additional Files – Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between: OPSEU (McGann et al.) Grievor
- and -
The Crown In Right of Ontario
(Ministry of the Attorney-General) Employer
Before: Owen V. Gray Vice-Chair
For the Union: Stacey Zafiriadis Grievance Officer OPSEU
For the Employer: Len Hatzis
Counsel
Ministry of Government Services
Hearing: November 28, 2008
DECISION
1There are presently 73 grievances scheduled to be heard by me in these proceedings, all of which are believed to raise issues of one kind or another concerning Appendix 32 to the collective agreement and/or subsequent agreements of the parties concerning Appendix 32. There are other grievances have been filed, and perhaps may be filed soon, that the parties may hereafter agree to add to these proceedings. The parties’ hope is that they can jointly identify common issues about which there are few or no material facts in dispute, and have those issues adjudicated in an expedited fashion. They also hope to agree in advance on the effect that possible outcomes of the adjudication of those common or generic issues will have on the disposition of the individual grievances before me.
2In that context, the parties have agreed to exchange full particulars of the allegations of fact on which they rely in connection with the grievances to which these proceedings relate (including any that they may soon agree to add), together with copies of the documents on which they rely in that connection, all in accordance with the terms of this order.
3Accordingly, I order that each of the parties provide the other with full written particulars of the material facts on which it relies in this matter, in accordance with the timetable and additional requirements hereafter set out. Each party shall also provide the other with copies of any documents (and in this order “documents” means any record of information in whatever form, physical or electronic, that record may take) that are in its possession, custody or power on which that party may wish to rely in these proceedings. The union shall also produce any documents on which it may wish to rely that are in the possession, custody or power of any of the grievors. This direction does not require that a party deliver copies of documents that it has already copied to the other in the course of and expressly for the purpose of these proceedings: as to such documents, for purposes of what follows the party may, instead, unambiguously identify in writing the previously delivered documents on which the party intends to rely.
4With respect to each act or omission alleged therein, each party’s written particulars shall state what it says 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. Conclusory statements based on unparticularized allegations of fact are not sufficient and do not constitute particulars for purposes of this order. 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 opposite party were to admit that all of those allegations of fact were true. It is not necessary for a party to include in its written particulars a description of the anticipated witness testimony or other evidence by which it will seek to prove any of the allegations of fact set out – this order does not require that the parties provide witness “will say” statements in addition to its particularized allegations of fact. It is not necessary for a party to identify in its particulars any witness to an occurrence in question unless the presence of that particular person on that occasion is a material fact on which the party relies.
5The parties’ particulars and productions shall be delivered in accordance with the following:
a) On or before January 30, 2009, the union shall deliver to the employer’s counsel its written particulars of the factual allegations on which it relies, and together with copies of any documents upon which it may wish to rely.
b) On or before March 13, 2009 the employer shall deliver to the union’s representative written particulars that explicitly identify the allegations of fact in the union’s particulars that the employer does not dispute, if any, and the allegations of fact that it does dispute and, as to the allegations that it does dispute and any other issues it intends to raise, set out the allegations of fact on which it relies in that connection, together with copies of any documents upon which it may wish to rely.
c) On or before April 3, 2009 the union shall deliver to the employer’s counsel written particulars of any allegations of fact on which it relies with respect any issue first raised in the employer’s particulars, together with copies of any additional documents upon which the union may wish to rely in that regard.
If the need arises, these deadlines may be modified by agreement of the parties or further order of the Board.
6A party who fails to produce a document or to provide particulars of an allegation in accordance with this order may not introduce that document or present evidence about that allegation in these proceedings without leave.
7The provisions of this order with respect to production of documents do not preclude an application by either party for an order requiring the production by the other of additional documents once the issues in dispute have been defined by the exchange of particulars and documents contemplated by this order.
Dated at Toronto this 1st day of December, 2008.
Appendix "A"
GSB Number
Grievor Name
OPSEU #
2007‐1682
Jolicoeur, Brenda
2007‐0228‐0050
2007‐2463
Cho, Kellen
2007‐0212‐0026
2007‐3133
Gibbon, Linda
2007‐0119‐0016
2007‐3248
Caschera, Jessica
2007‐0228‐0055
2007‐3357
Mehlenbacher, Francine
2007‐0130‐0004
2007‐3366
Wilson, Jeffrey
2008‐0205‐0002
2007‐3367
Wilson, Jeffrey
2008‐0205‐0003
2007‐3368
Wilson, Jeffrey
2008‐0205‐0011
2007‐3370
Wilson, Jeffrey
2008‐0205‐0013
2007‐3371
Wilson, Jeffrey
2008‐0205‐0014
2007‐3372
Wilson, Jeffrey
2008‐0205‐0015
2007‐3373
Wilson, Jeffrey
2008‐0205‐0016
2007‐3374
Wilson, Jeffrey
2008‐0205‐0017
2007‐3375
Wilson, Jeffrey
2008‐0205‐0018
2007‐3377
Wilson, Jeffrey
2008‐0205‐0020
2007‐3378
Antoniak, Stephanie
2008‐0205‐0004
2007‐3379
Kiss, Juliana
2008‐0205‐0005
2007‐3380
Iacobucci, Anna
2008‐0205‐0006
2007‐3381
Terpou, Beverly
2008‐0205‐0007
2007‐3382
Iarusso, Terri
2008‐0205‐0008
2007‐3383
Young, Elaine
2008‐0205‐0009
2007‐3632
Godard, Maureen
2008‐0228‐0005
2007‐3729
Hollingsworth, Marlene
2007‐0212‐0029
2007‐3733
Dolan, Krystyne
2008‐0212‐0001
2007‐3734
Marceau, Heather
2008‐0212‐0002
2007‐3735
Hollingsworth, Marlene
2008‐0212‐0003
2007‐3736
Hollingsworth, Marlene
2008‐0212‐0004
2007‐3737
Hollingsworth, Marlene
2008‐0212‐0005
2007‐3738
Hollingsworth, Marlene
2008‐0212‐0006
2007‐3739
Godard, Maureen
2008‐0228‐0006
2007‐3824
Markell, Lynn
2008‐0453‐0002
2007‐4035
Schacherl, Susette
2007‐0526‐0029
2007‐4036
Giannopoulos, Tina
2007‐0526‐0030
2007‐4037
Thakurdin, Annie
2007‐0526‐0031
2007‐4038
Caguioa, Petronila
2007‐0526‐0032
2007‐4039
Boyes, Chuck
2007‐0526‐0033
2007‐4040
Janu, Ivana
2007‐0526‐0034
2008‐0015
Wilson, Jeffrey
2008‐0205‐0027
2008‐0016
Wilson, Jeffrey
2008‐0205‐0028
2008‐0017
Wilson, Jeffrey
2008‐0205‐0029
2008‐0018
Wilson, Jeffrey
2008‐0205‐0030
2008‐0019
Wilson, Jeffrey
2008‐0205‐0031
2008‐0020
Wilson, Jeffrey
2008‐0205‐0032
2008‐0021
Wilson, Jeffrey
2008‐0205‐0033```