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HomeMy WebLinkAbout2023-01396.Scopel.24-06-19 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# 2023-01396 UNION# 2023-0642-0030 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Scopel) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Kelly Waddingham Arbitrator FOR THE UNION Anson Cai Ryder Wright Holmes Bryden Nam LLP Counsel FOR THE EMPLOYER Sean White Treasury Board Secretariat Legal Services Branch Counsel HEARING June 17, 2024 -2 - Decision [1] This grievance alleges that the Employer violated Articles 2, 3, and 22.10 of the Collective Agreement, the Employer’s Workplace Discrimination Harassment Policy, section 32 of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, (“OHSA”) and section 7.2 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19. On April 8, 2024 the parties attempted unsuccessfully to mediate a settlement. The parties reconvened on June 17, 2024 and after a brief attempt to mediate the parties discussed production and procedural matters. This case management decision sets out the agreement of the parties. Manner of Proceeding [2] The arbitration will be conducted through the use of Declarations. To do so will ensure that the evidence called through the witnesses is secured in an effective and time efficient manner. [3] A detailed Declaration will be prepared by the parties for each individual it anticipates calling as a witness. The Declaration must contain detailed material facts and particulars that the parties anticipate will constitute the evidence in chief for each such individual. Any documents that are to be introduced through a witness are to be incorporated by reference into their Declaration and must be appended to the Declaration or contained in a document brief. 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.” [4] Each witness will adopt their Declaration upon taking the stand and that the Declaration will constitute the examination in chief of each witness. The witness will then be subject to cross-examination and, subsequently, re-examination. Schedule [5] The following schedule for prehearing production and the exchange of Declarations was agreed to on June 17, 2024: July 15, 2024 – prehearing production of documents; September 30, 2024 – OPSEU Declarations delivered to Employer; December 13, 2024 – Employer Declarations delivered to OPSEU; January 10, 2025 – if required OPSEU may file reply Declaration(s) that contradict the facts and particulars contained in the Employer’s Declarations -3 - that have not already been identified in the Declarations that OPSEU has previously produced; and January 30, 2025 – first day of hearing. [6] All dates contained in this case management decision are subject to change on agreement of the parties. Dated at Toronto, Ontario this 19th day of June 2024. “Kelly Waddingham” Kelly Waddingham, Arbitrator