HomeMy WebLinkAbout2018-1393.Gora.20-09-15 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# 2018-1393; 2018-1394; 2018-1395; 2018-1396
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
(Gora)
Association
- and –
The Crown in Right of Ontario
(Treasury Board Secretariat) Employer
BEFORE Brian McLean Arbitrator
FOR THE
ASSOCIATION
Nadine Blum
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Jonathan Rabinovitch
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
September 4, 2020 (by teleconference)
- 2 -
Decision
[1] I have decided to issue a bottom line decision with brief reasons with respect to
this matter. If either party wishes full reasons please advise at the conclusion of
the case and I will include them as part of my final award.
[2] I have carefully considered the submissions made by the parties. I note that I
was not provided a decision of the GSB in which it had allowed a party to use a
“will say” against the wishes of the other party. While I believe I have the
authority to do so, the practice of the GSB, as I understand it, has been to
encourage “will says” where it makes sense to use them and with the agreement
of the parties.
[3] Even if I felt that I was not constrained by GSB practice this would not be an
appropriate circumstance to permit a party to use a will say for its main witness.
This case involves complicated facts which are heavily in dispute. While the
evidence will be lengthy, and involve many documents, it is clear that the
employer expects its witnesses to testify beyond the documents and provide
context which involves evidence of facts which are in dispute. In these
circumstances, and despite the anticipated length of the evidence, and with some
regret, I do not find it appropriate for the employer to lead its evidence in chief by
way of a will say given the objections of the Union.
Dated at Toronto, Ontario this 15th day of September, 2020.
“Brian McLean”
Brian McLean, Arbitrator