HomeMy WebLinkAbout2018-2564.Perault.19-05-29 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#2018-2564; 2018-2621
UNION# 2018-0430-0012; 2018-0430-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Perault) Union
- and -
The Crown in Right of Ontario
(Ministry of Government and Consumer Services) Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION Erin Thorson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Emily Lewis
Treasury Board Secretariat
Employee Relations Advisor
HEARING May 15, 2019
- 2 -
Decision
[1] These grievances came before me under s.22.16 of the Collective Agreement.
Both grievances deal with allegations that the Employer did not screen the
Grievor’s applications for job competitions in a fair and equitable manner as
required pursuant to Article 6 of the Collective Agreement.
[2] Article 22.16 provides for the resolution of grievances “in an expeditious and
informal manner. Decisions reached are of no precedential value unless the
parties agree otherwise. The mediator/arbitrator is to endeavour to assist the
parties in settling this matter. Should efforts be unsuccessful, the
mediator/arbitrator is to determine the grievance by arbitration. In doing so,
Article 22.16 empowers the mediator/arbitrator to “limit the nature and extent of
the evidence and may impose such condition as he or she considers
appropriate”.
[3] Having considered the representations of the parties, I make the following case
management directions.
Initial Production
[4] On or before July 30, 2019 the Union shall finalize its production requests to the
Employer.
[5] On or before August 30, 2019 the Employer shall produce to the Union
documents which have been requested. To the extent the Employer objects to
producing a document in whole or in part, it must briefly state its reasons for
each such objection.
[6] Any further requests for production from the Union arising from the Employer
August 30, 2019 response must be made on or before September 12, 2019 and
a response by the Employer must be no later than September 20, 2019.
Declarations
[7] The evidence in chief of the parties shall take the form of declarations. The
declarations shall set out all of the material facts upon which the party intends to
rely. Subject to what follows, declarations are admissible into evidence without
the need of calling a declarant as a witness.
[8] 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 weight 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 under my instruction and I hereby confirm its
accuracy.”
- 3 -
Filing of Declarations and Representations
[9] On or before July 30, 2019 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 position. The Union’s
representations shall be supported by declarations from each of its intended
witnesses and the documents on which it intends to rely.
[10] On or before August 30, 2019, the Employer shall file full written representations
subject to the same requirements as the Union’s noted in paragraph 9 above.
[11] On or before September 12, 2019, and in accordance with the requirements
noted in paragraph 9 above, the Union shall file any supplemental or additional
declarations upon which it intends to rely together with any additional requests
for production as noted in paragraph 6 above.
Limits on Oral Evidence and Argument
[12] 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, at least 14 calendar days before the first date of hearing, give
notice of that intention to the other party. If such declarant does not attend the
hearing, no weight will be given to the declaration filed on behalf of the that
declarant.
Preliminary Issues
[13] All issues with respect to adequacy or scope of any declarations submitted, or
production shall also be resolved prior to the hearing following the exchange of
production documents and declarations, if the parties are unable to resolve any
disputes regarding the adequacy or scope of documents or declarations, a pre-
hearing conference will be scheduled on the request of a party to hear
submissions and decide the issue.
[14] This matter is scheduled to continue October 9, 2019.
Dated at Toronto, Ontario this 29th day of May, 2019.
“Dale Hewat”
Dale Hewat, Arbitrator