P/0020/99

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Group Managers Grievance

Grievor

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

John A. Willes

Vice-Chair

FOR THE GRIEVOR

C. Michael Mitchell Counsel Sack, Goldblatt, Mitchell Barristers and Solicitors

FOR THE EMPLOYER

Liane Brossard Counsel, Legal Services Branch Management Board Secretariat

HEARING

October 26, 1999; November 29, 1999.

Interim Order

The grievances in this matter, some 18 in number, came on for hearing before the Public Service Grievance Board on October 26, 1999, at which time Counsel representing both parties requested an adjournment of the case to December 2, 1999. Some time later, Counsel for the Employer requested a further adjournment, and a conference call hearing was scheduled for November 29, 1999, to hear the parties on the adjournment request.

At the November 29, 1999 hearing, Counsel for the Employer advised this Board that a request for the production of documents had been made by the Counsel for the Grievors, and she would not be in a position to fully respond to the request before the scheduled hearing date of December 2, 1999. She requested an adjournment until a later date (December 22, 1999) in order to have time to review all documents for possible privilege or confidentiality before their release to the Grievors. Counsel for the Grievors objected to the request for adjournment.

After hearing argument from Counsel for both parties, this Board concluded that an adjournment was appropriate under the circumstances, and a hearing date of December 22, 1999 was fixed for the resumption of the hearings in this matter.

On December 7, 1999, Counsel for the Grievors advised the Public Service Grievance Board in writing that the Employer to that date had failed to deliver the documents requested and referred to in the November 29^th conference call hearing.

While some documents may be subject to argument on privilege or other objection, there would appear to be no reason why all other documentation should not be produced to Counsel for the Grievors forthwith, and this Board so orders. Reasons for the non-production of documents requested but withheld should also be provided to Counsel for the Grievors.

This Board will also hear argument on the issue of production of those documents for which privilege or other reason is claimed by Counsel for the Employer at the outset of the hearing scheduled for December 22, 1999.

Dated at Toronto this 15^th day of December, 1999.