HomeMy WebLinkAbout2020-1071.Association.21-11-08 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2020-1071
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and
Professional Crown Employees of Ontario
(Association) Association
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The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Ian Anderson Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING October 29, 2021
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Decision
[1] This grievance alleges the position of “Night Residence Manager” falls within
the bargaining unit. A case management session was conducted with
respect to this grievance on October 29, 2021. Having considered the
representations of counsel for the parties, I make the following directions.
Particulars
[2] On or before January 28, 2022, the Association shall provide the Employer
with full particulars in support of its position.
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 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 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
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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 unless the
Arbitrator determines otherwise.
Filing of Declarations
[7] On or before April 1, 2022, the Employer shall file declarations from each of its
intended witnesses. At the same time, the Association shall provide the Employer
with copies of any documents referenced in its declarations.
[8] On or before May 13, 2022, the Association shall file declarations from each of its
intended witnesses. At the same time, the Employer shall provide the Association
with copies of any additional documents referenced in its declarations.
[9] On or before June 3, 2022, 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 Employer’s declarations
which the Association could not have anticipated.
Joint Book of Documents
[10] The parties shall prepare a joint Book of Documents containing all documents
referenced in 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.
Manner of Hearing
[11] On the agreement of the parties, the hearing will be conducted by way of
videoconference.
Limits on Oral Evidence
[12] The opening statement for each party shall not exceed 30 minutes.
[13] Supplementary oral evidence in chief shall be limited to 15 minutes per declarant.
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[14] Cross examination of witnesses will be limited to 90 minutes per declarant.
[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
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 party. 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 8th day of November, 2021.
“Ian Anderson”
________________________
Ian Anderson, Arbitrator