HomeMy WebLinkAbout2020-2966.McGann et al.22-01-26 DecisionCrown 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# 2020-2966; 2020-2970; 2020-2971; 2021-0499
UNION# 2020-0526-0026; 2021-0526-0006; 2021-0526-0007; 2021-0526-0016
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McGann et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Rebecca Jones
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Counsel
HEARING January 17, 2022 (by video conference)
-2-
DECISION
[1] This is a referral of four grievances under Article 22.16.1 of the Central Collective
Agreement between the parties.
[2] Article 22.16.1 provides for the resolution of grievances “in an expeditious and
informal manner”. The mediator/arbitrator is to assist the parties in attempting to
settle the matter. Should efforts be unsuccessful, the mediator/arbitrator is to
determine the grievance by arbitration. In doing so, Article 22.16.1 provides the
mediator/arbitrator may “limit the nature and extent of the evidence and may
impose such conditions as he or she considers appropriate”. Decisions reached
are without precedent unless the parties agree otherwise. Decisions are to be
succinct and to be issued within five days of the completion of the proceedings.
[3] Attempts to resolve this matter through mediation were unsuccessful. The
expectation of the institutional parties is that if the case cannot be completed on
the day of the mediation efforts, it will be completed on a second day.
Accordingly, one further day will be scheduled to complete the hearing of these
grievances.
[4] It appears that oral evidence will be required only with respect to a conversation
which took place between the grievor, Dag McGann, and his supervisor, Chris
Samac, on December 10, 2020. Having said that, the parties have yet to complete
the process of pre-hearing production.
[5] Having regard to the representations of the parties, I make the following case
management directions at this time.
(i) The parties are to file with the Arbitrator a Joint book of documents in
advance of the next hearing day. The book of documents is to be in
PDF format (“tabbed" with bookmarks and with pages consecutively
numbered using Bates Numbering). All documents will be received
into evidence without proof of authenticity but without prejudice to the
position of either party as to admissibility or relevance. Statements
contained in a document will be treated as the evidence of the person
making the statement.
(ii) The parties shall make best efforts to exchange books of authorities in
advance of the hearing. Books of authorities are to be in PDF format
(“tabbed" with bookmarks and with pages consecutively numbered
using Bates Numbering).
-3-
(iii) The hearing shall be completed in one day. The Union and the
Employer shall each have 3 hours to complete their case, inclusive of
any time spent on oral evidence.
(iv) The Union shall call Mr. McGann to give evidence, which evidence shall
be limited to his conversation with Mr. Samac on December 10, 2020.
Mr. McGann’s evidence in chief shall not exceed 15 minutes. The
cross-examination of Mr. McGann shall not exceed 10 minutes. The re-
examination of Mr. McGann shall not exceed 5 minutes.
(v) The Employer shall call Mr. Samac to give evidence, which evidence
shall be limited to his conversation with Mr. McGann on December 10,
2020. Mr. Samac’s evidence in chief shall not exceed 15 minutes. The
cross-examination of Mr. Samac shall not exceed 10 minutes. The re-
examination of Mr. Samac shall not exceed 5 minutes.
(vi) No other oral evidence will be heard without leave of the Arbitrator.
(vii) Time limits set by this decision are not subject to modification on the
agreement of the parties but may only be extended with leave of the
Arbitrator.
(viii) If the parties are unable to resolve any disputes about the adequacy of
production of documents, or if a party is seeking to lead other oral
evidence, a pre-hearing conference call will be scheduled on the
request of either 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 objections as
to adequacy of production of documents or requests to lead other oral
evidence may be made at the hearing without leave of the Arbitrator.
Dated at Toronto, Ontario this 26th day of January 2022.
“Ian Anderson”
___________________
Ian Anderson, Arbitrator