HomeMy WebLinkAbout2017-0402.Botari.18-09-28 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#2017-0402
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Botari)
Association
- and –
The Crown in Right of Ontario
(Ministry of Labour) Employer
BEFORE Ian Anderson Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 27, 2018
- 2 -
Decision
[1] The Employer seeks the adjournment of the next two hearing dates in this matter
based on the inability of its advisor and current witness, Mr. Ken Fox, to attend
on those dates. The Association opposes the adjournment request.
[2] The next two hearing dates are October 2 and 4, 2018. I am satisfied that Mr.
Fox’s inability to attend on those dates is unavoidable. The next scheduled date
after those dates is October 26, 2018.
[3] Having considered the submissions of the parties, the two hearing dates
(October 2 and 4, 2018) are adjourned on the following conditions:
a. By October 5, 2018, the Association is directed to refile the book of
documents it entitled “Employer’s Additional Documents” with an index and
tabs.
b. By October 22, 2018, the Employer is directed to file the balance of the
evidence in chief of Ken Fox (the “declarant”) in the form of a declaration.
The declaration 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. Documents intended to be relied upon at the hearing shall
be properly identified by the declarant and shall accompany the declaration
unless already filed as exhibits at the hearing. The 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.”
c. No statement in the declaration shall be considered to be in evidence until
the declarant adopts it during the hearing. The Employer may then amplify
or supplement the evidence in the declaration through viva voce evidence.
The time spent in eliciting that evidence shall not exceed 60 minutes, or
such further time as may be permitted by the Arbitrator.
d. Further directions as to time for viva voce examination in chief or cross
examination of the declarant may be given following the filing of the
declaration.
- 3 -
e. The parties are directed to contact the Grievance Settlement Board to
schedule additional dates.
Dated at Toronto, Ontario this 28th day of September 2018.
“Ian Anderson”
Ian Anderson, Arbitrator