HomeMy WebLinkAbout2019-0352.McConnell.20-07-20 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# 2019-0352
UNION# 2019-5112-0054
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McConnell) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Esther Song
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 9, 2020
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DECISION
[1] This grievance relates to the termination of the Grievor’s employment. Attempts
at mediation were unsuccessful. The parties made progress on preparing an
Agreed Statement of Facts which it was hoped would avoid the need for most,
but not all, of the evidence. A case management session was conducted.
Having considered the representations of counsel for the parties, I make the
following directions.
Agreed Statement of Facts
[2] On or before July 27, 2020, the parties shall file an Agreed Statement of Facts.
The Agreed Statement of Facts may include facts which one party asserts to be
relevant and true but to which the other party objects. To the extent the other
party objects, the Agreed Statement of Facts shall include a brief statement of
the basis and extent of the objection. The parties shall exchange all documents
referenced in the Agreed Statement of Facts.
Declarations
[3] The evidence in chief of the parties shall take the form of declarations which,
subject to the time limits below, may be supplemented by oral evidence of the
declarant. The declarations, along with the uncontested facts in the Agreed
Statement of Facts, 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.
[4] 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.” If it is
not possible to obtain a declarant’s signature, an email from the declarant
containing the same statement shall accompany the declaration.
[5] Documents intended to be relied upon at the hearing shall be properly identified
by a declarant unless filed as part of the Agreed Statement of Facts or on
consent of the parties.
[6] 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 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
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hearing. If such a declarant does not attend, no weight will be given to the
declaration filed on behalf of that declarant unless the Arbitrator determines
otherwise.
Filing of Declarations
[7] On or before August 7, 2020, the Employer shall file declarations from each of its
intended witnesses. At the same time, the Employer shall provide the Union with
copies of any additional documents referenced in its declarations.
[8] On or before August 27, 2020, the Union shall file declarations from each of its
intended witnesses. At the same time, the Union shall provide the Employer with
copies of any additional documents referenced in its declarations.
[9] On or before September 25, 2020, the Employer 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 Union’s
declarations which the Employer could not have anticipated.
Joint Book of Documents
[10] The parties shall prepare a joint Book of Documents containing all documents
referenced in the Agreed Statement of Fact or the declarations of either party, or
which are filed on consent. The Book of Documents shall be in PDF format,
“tabbed” and with pages numbered sequentially. Documents to which one or the
other of the parties objects shall be included but identified as in dispute. The
Book of Documents shall be filed at least seven days in advance of the first day
of hearing. Filing shall be by way of uploading to dropbox.
Limits on Oral Evidence and Argument
[11] The opening statement for each party shall not exceed 15 minutes.
[12] Supplementary oral evidence in chief shall be limited to 15 minutes per declarant.
[13] The Parties will make best efforts to ensure any cross examination of witnesses
will be limited to no more than 180 minutes in total.
[14] The Employer’s final argument shall not exceed 120 minutes in total. The
Union’s argument in response shall not exceed 150 minutes. The Employer’s
reply shall not exceed 30 minutes.
[15] Time limits under this section may only be extended by leave of the Arbitrator.
Preliminary Issues
[16] All preliminary issues, including issues with respect to the adequacy of
declarations or scope of the declarations (including supplemental or additional
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declarations, if any) or production shall be resolved prior to the hearing. If the
parties are unable to resolve any such disputes following the completion of the
exchange of declarations, a pre-hearing conference call will be scheduled on the
request of a party to hear submissions and decide the issue. Where the dispute
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 preliminary issues, including 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 20th day of July, 2020.
“Ian Anderson”
______________________
Ian Anderson, Arbitrator