GSB#2010-2654
UNION#2010-0234-0283
Additional grievances noted in Appendix "A"
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Pacheco)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Ken Petryshen
Arbitrator
FOR THE UNION
John Brewin Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel
HEARING
April 25, 2018
DECISION
1I am hearing a number of discipline grievances filed on behalf of Mr. J. Pacheco, a Bailiff. During the course of this proceeding, it has been necessary to address many disputes over production. We are at the point in the proceeding where Union counsel is cross-examining Mr. A. Watson, Manager. Prior to the commencement of the hearing on April 25, 2018, I was advised that there was an issue regarding the Union's intention to enter certain documents during its cross-examination of Mr. Watson. The matter was addressed informally and may not be entirely resolved. Unfortunately, the hearing was adjourned to give the Employer the opportunity to deal with issues that relate to the Union's request to file these documents.
2As a result of what occurred yesterday, I believe it is appropriate to remind both parties of previous directions that were made in this proceeding regarding the production of documents. In a decision dated August 24, 2017, at paragraph 5, I directed both parties as follows:
...In addition, I direct the Employer and the Union to produce to counsel opposite any other documents upon which it intends to rely in the matters that are currently being heard by the GSB by no later than September 6, 2017.
3In a subsequent decision about production dated April 5, 2018, I noted as follows:
... In an effort to bring some closure to the production process, the parties agreed that any production requests made after September 6, 2017, would require leave of the Arbitrator. The parties recognize with this agreement that a production request would not be denied simply because it was made after September 6, 2017. In my view, the Arbitrator is obliged to exercise his discretion on disputed production requests by considering all of the relevant factors, including the time of the request. This is the approach I have taken in considering the production requests now before me. I can appreciate that the seemingly never ending production issues are frustrating for both parties. There may be an end in sight given Mr. Brewin's indication that he is in the process of attempting to complete a list of the remaining Union production requests.
4Of course, the rules relating to particulars and the timely filing of documents that a party intends to rely on are designed to ensure that each party is aware of the issues in the proceeding and to avoid unnecessary delay. Having regard to the extensive production issues that have been addressed thus far in this proceeding, it is difficult to imagine that a party by now has not been in a position to produce to the party opposite all of the documents upon which it intends to rely pursuant to the direction to do so in the decision dated August 24, 2017. As usual, future disputes over production will be addressed in a way that balances the interests of both parties and ensures that the hearing of this matter proceeds as expeditiously as possible.
Dated at Toronto, Ontario this 26th day of April 2018.
Appendix A
GSB Number
OPSEU File Number
2012-0727
2012-0234-0066
2013-3214
2013-0234-0359
2014-0350
2014-0234-0061
2014-3305
2014-0234-0458
2014-3846
2014-0234-0508
2014-4854
2015-0234-0030
2015-0390
2015-0234-0058
2015-0494
2015-0234-0069
2015-0495
2015-0234-0070
2015-0496
2015-0234-0071
2015-0913
2015-0234-0085
2015-0914
2015-0234-0086
2015-0915
2015-0234-0087
2015-0916
2015-0234-0088
2015-1310
2015-0234-0108
2015-1311
2015-0234-0109
2015-1312
2015-0234-0110
2015-1313
2015-0234-0111
2015-1314
2015-0234-0112
2015-1315
2015-0234-0113
2015-1316
2015-0234-0114
2015-1317
2015-0234-0115
2015-1318
2015-0234-0116
2015-1319
2015-0234-0117
2015-1320
2015-0234-0118
2015-1321
2015-0234-0119