HomeMy WebLinkAbout2004-4000.Edwards.05-10-11 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2004-4000 2005-0251
UNION# 2005-0302-0003 2005-0302-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Edwards) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Health and Long-Term Care) Employer
BEFORE RandI H. Abramsky Vice-Chair
FOR THE UNION DavId Wnght
Ryder Wnght Blair & Holmes LLP
Barnsters and SOlICItorS
FOR THE EMPLOYER Fateh SalIm
Counsel
Management Board Secretanat
HEARING October 11 2005
2
Order
On September 22, 2005 a wItness, Mr Donald Edwards, was duly summoned to attend
an arbItratIOn heanng before the Gnevance Settlement Board (GSB or Board) on October 11
2005 Mr Edwards, on the advIce of counsel that he need not attend because he was not a
Crown employee dId not attend the heanng, or bnng the documents requested of hIm In the
summons The Employer now seeks an Order of thIS Board to compel Mr Edwards' attendance
on the next heanng date In thIS matter October 24 2005 The Umon does not oppose that
motIOn.
The Crown Employees Collective Bargaining Act (CECBA) provIdes that all dIfferences
ansIng from a collectIve agreement "relatIng to Crown employees" wIll be arbItrated by the
GSB SectIOn 7(2) of CECBA Incorporates the Ontano Labour Relations Act, 1995 RS 0
1995 c 1 IncludIng SectIOn 48 (arbItratIOn provIsIOn) except subsectIOns (1) to (6) It Includes,
however SectIOn 48(12) of the Labour Relations Act whIch provIdes, In relevant part, as
follows
Section 48(12) Powers of arbitrators, chair of arbitration boards, and arbitration boards.
An arbItrator or chair of an arbItratIOn board, as the case may be, has power
(a)
(b) to reqUIre any party to produce documents or thIngs that may be relevant to the
matter and to do so before or dunng the heanng;
(c)
(d) to summon and enforce the attendance of wItnesses and to compel them to gIve
oral or wntten eVIdence on oath In the same manner as a court of record In cIvIl
cases
(e)
3
SectIOn 53 of the rules of cIvIl procedure, lIkewIse, provIdes for the summons of a wItness to
attend a tnal and to produce documents SectIOn 53(7) provIdes for sanctIOns for the faIlure to
obey a summons
Based on the relevant statutory provIsIOns, there can be no questIOn that the GSB has the
authonty "to summon and enforce the attendance of wItnesses " IncludIng thIrd partIes The
fact that the wItness, Mr Donald Edwards, IS not a Crown employee hImself IS Irrelevant. SInce
he lIves In Ontano and hIS testImony has relevance to the Issues In dIspute he may be compelled
to testIfy He must attend the heanng, untIl hIS attendance as a wItness IS no longer reqUIred.
Brown and Beatty Canadian Labour Arbitration, 3rd EdItIOn, at 3 3212 Re MinistlY of
Transportation and OPSEU (Vangou) (2005) 138 L.AC (4th) 58 (DIssanayake) OPSEU
(Union Grievance) and MinistlY of Transportation (1997), GSB No 1344/96 (Kaplan) OPSEU
(Giddings) and Liquor Control Board of Ontario (1996), GSB No 2289/95 (Kaplan)
Mr Edwards' attendance at the heanng does not Waive any nghts that he may have to
obJect to produCIng the documents that the Employer has requested. He may do so on hIS own
behalf, or through hIS own counsel, If he so chooses at the next day of heanng. What he cannot
do however IS Ignore the Board's summons
4
AccordIngly It IS hereby ORDERED that Mr Donald Edwards attend the heanng In the
above-captIOned matter on October 24 2005
Issued at Toronto thIS 11th day of October 2005
.
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