HomeMy WebLinkAbout2002-2124.Lariviere.06-06-30 Co
Crown Employees Commission de t~1
Grievance Settlement reglement des griefs
Board des employes de la _iP_
Couronne
'lIIIIl__"
SUite 600 Bureau 600 Ontario
180 Dundas St West 180, rue Dundas Ouest
Toronto,Ontano M5G 1Z8 Toronto (Ontano) M5G 1Z8
Tel (416) 326-1388 Tel (416) 326-1388
Fax (416) 326-1396 Telec (416) 326-1396
GSB# 2002-2124,2002-3017
UNION# 2002-0119-0043,2002-0119-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEV ANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lariviere) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Nimal V. Dissanayake Vice-Chair
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Perina Murji
Counsel
Ministry of Government Services
HEARING June 29, 2006.
2
Interim Decision
This interim decision relates to an issue which arose during the hearing on June 29, 2006.
The union had closed its evidence. The employer called Ms. Laurie Snow, among others,
during its case in chief. During cross-examination, union counsel referred to the testimony of
one of its witnesses, Mr. Christopher Cleave to the effect that he was aware that Ms. Snow had
approached the Superintendent Mr. Harry Bartz to relay complaints on behalf of other casual
female officers about "rough play-fighting" by Mr. Steve Moore, and asked if she denied that.
She replied that she did deny that, and stated that the only time she had approached Mr. Bartz
about Mr. Moore was when she accompanied Mr. Cleave to a meeting which Mr. Cleave
himself wanted relating to an incident between himself and Mr. Moore. Then the following
exchange occurred:
Q. SO you deny going to Mr. Bartz on behalf of female staff?
A. Absolutely
Q. Mr. Cleave also testified that other full-time COs such as Ray Lavareau and Dave Parsons
were upset with you because you approached Mr. Bartz to complain about Steve Moore -
were you aware they were upset?
A. Not at all.
Q. Did either discuss that with you?
A. No. Never. They can't discuss what isn't there.
Q. Ever encounter difficulty working with those COs?
A. No.
Q. Any idea what that evidence was about those two officers?
A. Honestly no. I've worked a lot with those two. I never heard a complaint.
Following a regular recess, union counsel advised that he had attempted to contact Mr.
Lavareau and Mr. Parsons during the recess, but had not been able to contact Mr. Parsons, and
that while he did get Mr. Lavareau, he had not been able to get the information he needed to his
satisfaction, to be able to cross-examine Ms. Snow. Therefore he requested that the hearing be
3
adjourned in order to enable him to do so. The employer objected and took the position that the
union ought to have been aware that Ms. Snow would be denying Mr. Cleave's assertion that Mr.
Lavareau and Mr. Parsons had expressed their displeasure to Ms. Snow, about her going to Mr.
Bartz about Mr. Moore's rough-housing, and that counsel had indicated to Mr. Cleave during
cross-examination that Ms. Snow would be so denying. The union's position was that it had no
indication that Ms. Snow would be denying the evidence in question.
I determined that I would be making a ruling based on my notes of the evidence, whether
the union could reasonably have known that Ms. Snow would be denying that the two officers
were upset with her on the grounds that she had complained to the superintendent about Mr.
Moore. Rather than waste the day by adjourning the hearing at that time, I directed that Ms.
Snow's cross-examination and re-examination be completed in all other respects and that, if
necessary the witness could be recalled for further cross-examination, depending on my ruling.
The employer requested that my ruling be made in writing.
Having carefully reviewed my notes, I find that the union ought not be allowed to recall
Ms. Snow for further cross-examination. Based on my notes, I conclude that it was made clear
repeatedly that Ms. Snow would deny ever making complaints to Mr. Bartz about Mr. Moore, on
behalf of casual officers.
Mr. Cleave, under cross-examination, had testified that Mr. Bartz had summoned him to
his office and asked him whether he had any issues with Mr. Moore's play fighting, and that
since Ms. Snow, who was the union representative for casual employees, had gone in to see Mr.
Bartz shortly before that he knew that she had made complaints to Mr. Bartz about Mr. Moore.
When the employer's counsel put to him that he had no idea what Ms. Snow may have told Mr.
4
Bartz when she met with him, Mr. Cleave agreed but added that it was not an unreasonable
deduction that it was about Mr. Moore.
At that point, the employer's counsel asked, "What if Ms. Snow says no?", Mr. Cleave
replied: "I know she did, because Ray Lavareau and David Parsons were upset about that. She
went to Mr. Bartz about issues. One was about Steve Moore. Those two were full-time officers.
Their mood was -if you have a problem with someone, you tell that person - not go to the
superintendent." Then the employer's counsel put it, "Ms. Snow will say that she did not
canvass issues about Steve Moore. That in your case, it was you who went to her about your
thumb injury".
Based on the cross-examination of Mr. Cleave, it was made clear that, except the one time
at Mr. Cleave's own request, Ms. Snow had not approached Mr. Bartz to complain about Mr.
Moore on anyone's behalf. It therefore, should have been obvious that Ms. Snow would not be
agreeing that Mr. Lavareau and Mr. parsons were upset with her for complaining to Mr. Bartz
about Mr. Moore, since she was denying she did that in the first place.
For all of these reasons, the union will not be permitted to recall Ms. Snow for any further
cross-examination.
Dated this 30th day of June 2006 at Toronto, Ontario
r.
----:~ -;:- ~
/ N~m:tlDiss{~~ak~.- -~1---
Vlce-b1a~