Ontario Public Service Employees Union (Brooks) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2011 CanLII 17017

GSB#2009-3193, 2009-3210, 2009-3211, 2010-0191

UNION#2009-0582-0150, 2009-0582-0152, 2009-0582-0153, 2010-0582-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Brooks)

Union

• and -

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

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Susan Munn Ministry of Government Services Labour Practice Group Counsel

HEARING

February 11, 2011.

DECISION

1The parties resolved a number of grievances on February 11, 2011. However, four of the Grievor's grievances remain outstanding - GSB# 2009-3193, 2009-3210, 2009-3211 and 2010-0191. The parties agreed that an order for full particulars and disclosure on the remaining grievances was necessary in the interest of ensuring an expeditious hearing of those remaining four grievances on the next scheduled hearing date of June 29, 2011.

2The Union is hereby ordered to provide full particulars with respect to any outstanding issues in dispute arising from those four grievances that have not already been addressed by either the documentary evidence admitted on consent or as given by the Grievor in viva voce evidence on February 11, 2011. The Union is ordered to provide such particulars to the Employer by April 29, 2011. At the same time as providing any further particulars, the Union will identify any further evidence it wishes to call in support of its position on the remaining four grievances and additional documentary disclosure that is necessary. The Employer will provide such disclosure by May 27, 2011. At the same time as providing any additional disclosure, the Employer will identify any additional facts upon which it will rely in support of its position on the remaining four grievances.

3If there is a dispute between the parties with respect to the particulars or disclosure, the parties shall conduct a teleconference with the Vice Chair in advance of the hearing scheduled on June 29, 2011. On June 29, 2011, the parties will introduce all remaining evidence, if any, and will make submissions on the merits of each of the four outstanding grievances.