HomeMy WebLinkAbout2010-2654.Pacheco.17-09-12 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
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
Counsel
TELECONFERENCE
September 11, 2017
- 2 -
DECISION
[1] I have before me a number of discipline grievances filed by Mr. J. Pacheco.
The hearing of evidence relating to these grievances commenced on November 18,
2016, and we are at the stage of the proceeding where the Employer is still presenting
its case in chief.
[2] On February 24, 2017, the Employer called Ms. T. Frankovitch as a witness.
She testified during her examination-in-chief about her role in a fact finding meeting held
on February 12, 2016. Mr. Pacheco was present at the fact finding meeting. Ms.
Frankovitch’s examination-in-chief was completed on February 24, 2017, but cross-
examination has not yet commenced. Subsequent to the completion of her
examination-in-chief, the Union produced an audio recording of the fact finding meeting
made by Mr. Pacheco on his phone. Ms. Frankovitch will be recalled to testify on
September 12, 2017. Employer counsel has requested that he be provided with the
opportunity to reopen his examination-in-chief of this witness. Before the witness is
recalled to testify, Employer counsel intends to let Ms. Frankovitch hear the relevant
audio recording and to prepare her for the continuation of her examination-in-chief as if
the Employer had received the audio recording in a timely manner before the witness
had commenced her examination-in-chief. Union counsel has agreed that Employer
counsel can play the audio recording for Ms. Frankovitch and that he can prep her as if
he had received the audio recording before her testimony had commenced. As the
Arbitrator in this proceeding, I direct that Employer counsel can proceed in this manner
with the witness so that he can complete his examination-in chief. In particular, and
consistent with the view I expressed during a conference call with counsel held on
September 11, 2017, I direct that Employer counsel can communicate with Ms.
Frankovitch and prepare her for the continuation of her examination-in-chief as it relates
to the subject of the relevant audio recording. I provide this direction in light of The Law
Society of Upper Canada’s Rules of Professional Conduct, particularly Section 5.4
which deals with communication with witnesses giving evidence.
- 3 -
[3] I note that counsel have agreed that the relevant audio recording will be
entered as an exhibit on consent, subject to the outstanding issue about its authenticity.
Dated at Toronto, Ontario this 12th day of September 2017.
Ken Petryshen, Arbitrator
- 4 -
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