GSB#2014-2804, 2014-2805, 2014-4304

UNION#2014-0468-0029, 2014-0468-0030, 2014-0468-0034

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kanellos)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

David R. Williamson

Vice-Chair

FOR THE UNION

Sheila Riddell Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 29, 2015

Decision

1The parties have agreed to consolidate a number of matters before me, in total there are nine grievances before me.

2Particulars shall be delivered in accordance with the following agreed-upon timetable:

1. On or before April 1, 2015, the Union shall deliver to the employer’s representative written particulars of the allegations of fact on which it relies to justify in relation to the nine grievances before me.

2. On or before May 1, 2015, the employer shall inform Union counsel of any preliminary objections it will be making in relation to these matters.

3With respect to each of the acts and omissions alleged therein, the 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 the 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.

4If the need arises, these deadlines may be modified by agreement of the parties or further order of the Board. A party who fails to produce a document or to provide particulars of an allegation in accordance with this order may not thereafter introduce that document or present evidence about that allegation in these proceedings without leave.

5The 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.