4109-96-HS Ontario Public Service Employees Union and Deborah Haring, Applicants v. Ministry of the Solicitor General & Correctional Services - Maplehurst Correctional Centre, and Inspector Chester Paddock, Responding Parties.
3025-97-HS Lieutenant David Walker, Applicant v. Ministry of the Solicitor General & Correctional Services, Maplehurst Correctional Centre; Ontario Public Service Employees Union; Inspector Chester Paddock and Ministry of Labour, Responding Parties.
3516-97-OH Lieutenant David Walker, Applicant v. Ministry of the Solicitor General & Correctional Services, Maplehurst Correctional Centre, Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
APPEARANCES: Lt. David Walker on his own behalf; Laura Williams and Mike Wasylyk for the Ministry of Solicitor General & Correctional Services, Maplehurst Correctional Centre; Ronald Davis, Deborah Haring and Bill Gilles for the Ontario Public Service Employees Union; Mark Alchuk for the Ministry of Labour and Inspector Chester Paddock.
DECISION OF THE BOARD; July 4, 2000
1These are three related proceedings under the Occupational Health and Safety Act, R. S. O. 1990, c. O. 1, as amended ("the Act") that have consumed 13 days of hearing during which six witnesses have testified and 58 exhibits have been filed. The hearings in these matters are not yet even close to completion and twelve more days of hearing have been scheduled. During a recess in the testimony and while canvassing the parties about their schedules in order to fix dates for the continuation of the hearing, the parties and I discussed whether it would be appropriate to attempt to mediate a resolution of the issues in these three proceedings. The parties, in my absence, discussed the matter, and in particular, whether I should undertake mediation efforts. The parties advised me that they agreed to have me act in that capacity and I indicated that I would be prepared to do so provided the parties accepted that the mediation would not affect my continuing to hear and decide these matters should a settlement not be reached.
2The parties agreed to have me act as a mediator to attempt to effect a settlement of these matters on the clear understanding that all discussions that take place during the mediation process are privileged; that is, nothing that is said while mediation is taking place can be referred to or relied upon by any party or person during the continuation of the hearing of these matters or in any other proceeding, whether before this Board, or any other tribunal or in any judicial proceeding. The parties further agreed that my acting as a mediator in these matters and that any comments made by me or to me during the mediation would not disqualify me from continuing to hear and decide these matters should a settlement not be reached.
3The parties had earlier been directed to provide each other with a list of the witnesses they expected to call. David Walker was to provide his list to the other parties on or before August 8, 2000 and the Ministry of the Solicitor General and Correctional Services was to provide its list to the other parties on or before September 5, 2000. Counsel for the Ministry of Labour had indicated that if he called a witness, the only one he would call would be the inspector.
4The mediation session will take place at the Board's offices, 505 University Avenue, 2nd Floor, Toronto, commencing 9:30 a.m. on Tuesday, September 5, 2000. Should these matters not settle, the hearings will continue before me on January 3, 4, 5, February 7, 8, 9, 13, 20, 21, 22, 27 and 28, 2001.
5This panel of the Board remains seized with these matters.
"Harry Freedman"
for the Board