HomeMy WebLinkAbout2017-0124 et al.Troost.18-06-29 DecisionCrown 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# 2017-0124; 2017-0489; 2017-0490
UNION# 2017-0368-0032; 2017-0368-0046; 2017-0368-0047
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Troost) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Paul Meier
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 20, 2018
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DECISION
[1] These grievances relate to allegations of discrimination and failure to
accommodate. Attempts at mediation were unsuccessful. A case management
session was conducted. Having considered the representations of counsel for
the parties, I make the following directions.
Initial Production
[2] On or before July 3, 2018, the Union shall finalize its production requests to the
Employer.
[3] On or before July 20, 2018, the Employer shall produce to the Union the
documents which it has requested or, to the extent the Employer objects to
producing a document in whole or in part, briefly state its reasons for each such
objection.
Declarations
[4] The evidence in chief of the parties shall take the form of declarations which may
be supplemented by up to 15 minutes of oral evidence per declarant. The
declarations shall set out all the material facts upon which a party intends to rely.
The supplementary oral evidence, if any, shall not introduce new material facts.
Subject to what follows, declarations are admissible into evidence without the
need of calling a declarant as a witness.
[5] Declarations may contain statements based on information and belief in addition
to statements based on personal knowledge of the declarant. When a statement
is based on information and belief, the declaration shall so indicate and give the
source. Statements which are based on information and belief may be given less
or no weight, as determined by the Arbitrator. Each declaration shall be signed
by the declarant and will contain the following statement: “This declaration was
prepared by me or under my instruction and I hereby confirm its accuracy.”
[6] Documents intended to be relied upon at the hearing shall be properly identified
by a declarant unless filed on consent of the parties.
Filing of Declarations and Representations
[7] On or before September 21, 2018, the Union shall file full written representations
which shall include: a statement of all issues which the Union intends to raise;
the remedies it seeks; and full particulars in support of its positions. The Union’s
representations shall be accompanied by declarations from each of its intended
witnesses and the documents on which it intends to rely.
[8] On or before October 26, 2018, the Employer shall file full written representations
which shall include: a statement of its position with respect to all issues raised
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and all remedies sought by the Union; a statement of any additional issues which
it intends to raise; and full particulars in support of its positions. The Employer’s
representations shall be accompanied by declarations from each of its intended
witnesses and the documents on which it intends to rely.
[9] On or before November 9, 2018, the Union shall file any supplemental or
additional declarations upon which it intends to rely. Any such declarations will be
limited to additional facts which reply to the facts set out in the Employer's
declarations which the Union could not have anticipated.
Limits on Oral Evidence and Argument
[10] The opening for each party shall not exceed 10 minutes.
[11] Each party may cross-examine any declarant of a declaration filed by the other
party. The total time spent by a party in cross-examinations shall not exceed 30
minutes per grievance. A party which intends to cross-examine the declarant of a
declaration at the hearing shall, at least 14 calendar days before the first date of
the hearing, give notice of that intention to the other party. The party which
submitted the declaration shall be responsible for ensuring the declarant’s
attendance at the hearing. If such a declarant does not attend, no weight will be
given to the declaration filed on behalf of that declarant.
[12] The time spent by a party in re-examination of one of its declarants shall not
exceed 5 minutes per declarant cross-examined.
[13] The Union’s final argument shall not exceed 25 minutes in total. The Employer’s
argument in response shall not exceed 30 minutes. The Union’s reply shall not
exceed 5 minutes.
[14] Time spent by a party making an objection is considered to be part of the time for
its case.
[15] Time limits under this section may only be extended by leave of the Arbitrator.
Preliminary Issues
[16] Where a party anticipates that it will seek more time for cross-examination, it
shall raise the issue prior to the hearing. All issues with respect to the adequacy
of declarations or scope of the declarations (including supplemental or additional
declarations, if any) or production shall also be resolved prior to the hearing. If
the parties are unable to resolve any disputes about the adequacy of
declarations or scope of the declarations (including supplemental or additional
declarations, if any) or production of documents following the completion of the
exchange of declarations, or if a party is seeking more time for the cross-
examination of witnesses, a pre-hearing conference call will be scheduled on the
request of a party to hear submissions and decide the issue. Where the dispute
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relates to the production of a document, an un-redacted copy of the document
shall be filed with the Arbitrator in advance of the conference call, along with a
copy of any redacted version of the document which has been provided to the
other parties. No objections as to adequacy of declarations or scope of the
declarations (including supplemental or additional declarations, if any), or
production of documents may be made at the hearing without leave of the
Arbitrator.
Dated at Toronto, Ontario this 29th day of June, 2018.
“Ian Anderson”
______________________
Ian Anderson, Arbitrator