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
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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
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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
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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