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HomeMy WebLinkAbout2017-1413.Cooper.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# 2017-1413 UNION# 2017-0584-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Cooper) Union - and - The Crown in Right of Ontario (Ontario Clean Water Agency) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Allison Vanek Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Felix Lau Treasury Board Secretariat Legal Services Branch Counsel HEARING May 1, 2018 -2- DECISION [1] This grievance, dated July 31, 2017, alleges discrimination, harassment and breach of the Employer’s duty to accommodate. The Grievor alleges the Employer has continued in the same course of conduct since that date and the parties agree that I would have jurisdiction to address these allegations as well. Attempts to reach a mediated resolution of this matter were unsuccessful. The Employer indicated it would have preliminary objections with respect to any attempt by the Union to rely on particulars which predate the grievance by more than three years and further that it would take the position some of the remedies which it appeared the Union would seek were precluded by OPSEU (Monk et al) v. The Crown in Right of Ontario (Ministry of Correctional Services and Ministry of Children and Youth Services), 2010 CanLII 28621 (ON GSB). [2] A case management session was conducted. Having considered the representations of counsel for the parties, I made the following directions. Initial Production [3] On or before July 1, 2018, the Union shall finalize its production requests to the Employer. [4] On or before August 1, 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 [5] The evidence in chief of the parties shall take the form of declarations which may be supplemented by up to 30 minutes of oral evidence. 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. [6] 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.” [7] Documents intended to be relied upon at the hearing shall be properly identified by a declarant unless filed on consent of the parties. -3- [8] Each party may cross-examine any declarant of a declaration filed by the other party. A party which intends to cross-examine the declarant of a declaration at the hearing shall 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. Filing of Union’s Declarations and Representations [9] By November 1, 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. Hearing of Preliminary Objections and Further Case Management [10] By November 15, 2018, the Employer shall file notice of any preliminary objections it wishes to make based on the Union’s representations and declarations. [11] A hearing date has been scheduled for December 6, 2018. That date shall be used to hear full argument on any preliminary objections raised by the Employer and may be used for the purposes of further case management directions. Amendment of Dates [12] The dates set out in this decision may be changed upon the agreement of the parties or by order of the Arbitrator. Dated at Toronto, Ontario this 29th day of June, 2018. “Ian Anderson” ______________________ Ian Anderson, Arbitrator