HomeMy WebLinkAbout2019-1960.Rose et al.24-04-18 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# 2019-1960
UNION# 2019-0302-0033
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rose et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Joseanne Job
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
April 12, 2024
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Decision
[1] These grievances have been referred to arbitration pursuant to Article 22.16.1 of
the collective agreement. Article 22.16.1 contemplates the expeditious
determination of grievances which cannot be settled. Having considered the
representations of counsel for the parties, I make the following case management
directions.
Initial Production
[2] On or before August 16, 2024, the Union shall provide full particulars to the
Employer and finalize its production requests to the Employer.
[3] On or before October 18, 2024, the Employer shall produce to the Union the
documents which it has requested or, to the extent the Employer objects to
producing a document in whole or in part, briefly state its reasons for each such
objection.
Declarations
[4] The evidence in chief of the parties shall take the form of declarations. No further
evidence in chief shall be permitted without leave of the Arbitrator. The
declarations shall set out all the material facts upon which a party intends to rely.
Subject to what follows, declarations are admissible into evidence without the
need of calling a declarant as a witness.
[5] 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.
[6] Documents intended to be relied upon at the hearing shall be properly identified
by a declarant unless filed on consent of the parties.
[7] 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 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 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
decides otherwise.
- 3 -
[8] On or before December 20, 2024, the Union shall provide the Employer with
declarations from each of its intended witnesses and copies of all documents
referenced in its declarations.
[9] On or before March 7, 2025, the Employer shall provide the Union declarations
from each of its intended witnesses and copies of all documents referenced in its
declarations which have not been already provided by the Union.
[10] On or before April 7, 2025, the Union shall provide the Employer with any
additional declarations from each of its intended witnesses in reply to the
declarations filed by the Employer and copies of all documents referenced in its
declarations which have not been already provided by either party. Any such
declarations will be limited to additional facts which reply to the facts set out in the
Employer’s declarations which the Union could not reasonably have anticipated.
Further Case Management
[11] A further case management call will be held in this matter on May 30, 2025.
Joint Book
[12] At least two days prior to the hearing of this matter, the parties are to file with the
Arbitrator a Joint Book containing copies of all declarations and copies of all
documents for use at the hearing. The Joint Book is to be in PDF format
(“tabbed" with bookmarks). All documents in the Joint Book 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
may be treated as the evidence of the person making the statement. The weight
to be given to that evidence will be determined by the Arbitrator having regard to
relevant factors including:
• The circumstances in which the statement was made;
• Whether the statement is based on first hand knowledge or information and
belief; and
• Whether the statement is with respect to facts which are reasonably capable
of belief or is a conclusion or opinion.
Amendment of Dates
[13] The dates set out in this decision may be changed upon the agreement of the
parties or by order of the Arbitrator.
Dated at Toronto, Ontario this 18th day of April 2024.
“Ian Anderson”
_________________________
Ian Anderson, Arbitrator