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HomeMy WebLinkAbout2017-2259.Laryea.18-09-27 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2017-2259 UNION#2017-5112-0242 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Laryea) Union - and - The Crown in Right of Ontario (The Ministry of Community Safety and Correctional Services) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Felix Lau Treasury Board Secretariat Legal Services Branch Counsel HEARING September 27, 2018 - 2 - Decision [1] This is a discharge case. The Employer seeks to rely upon new allegations which were not among the allegations originally relied upon as grounds for termination. The parties have requested that a bottom line decision be given at this time with reasons to be provided at a later date. [2] Having considered the submissions of the parties, I order that the Employer will be able to rely on the new allegations as additional grounds for termination, subject to the following conditions: a. The Employer’s case in chief will be divided into two parts: the original allegations and the new allegations. I note that it is not apparent to me that there will be much, if any, overlap in the evidence with respect to the original allegations and the new allegations. The Employer’s case in chief with respect to both the original allegations and the new allegations will be completed before the Union is required to commence its case in response with respect to either set of allegations. b. The Employer will complete its case in chief with respect to the original allegations prior to calling any evidence with respect to the new allegations. If necessary, the Employer may recall witnesses when presenting its case in chief with respect to the new allegations. The Union’s cross examination of the Employer’s witnesses during the part of the case dealing with the original allegations need not address any issues related to the new allegations. c. A reasonable amount of time prior to commencing its case in chief with respect to the new allegations, the Employer is to provide the Union with full particulars with respect to those allegations. d. Nothing in this decision precludes the Union from seeking an adjournment of these proceedings prior to the commencement of the Employer’s case in chief with respect to the new allegations based on the circumstances which exist at that time. Dated at Toronto, Ontario this 27th day of September, 2018. “Ian Anderson” Ian Anderson, Arbitrator