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HomeMy WebLinkAbout2018-2564.Perault.19-05-29 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#2018-2564; 2018-2621 UNION# 2018-0430-0012; 2018-0430-0013 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Perault) Union - and - The Crown in Right of Ontario (Ministry of Government and Consumer Services) Employer BEFORE Dale Hewat Arbitrator FOR THE UNION Erin Thorson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Emily Lewis Treasury Board Secretariat Employee Relations Advisor HEARING May 15, 2019 - 2 - Decision [1] These grievances came before me under s.22.16 of the Collective Agreement. Both grievances deal with allegations that the Employer did not screen the Grievor’s applications for job competitions in a fair and equitable manner as required pursuant to Article 6 of the Collective Agreement. [2] Article 22.16 provides for the resolution of grievances “in an expeditious and informal manner. Decisions reached are of no precedential value unless the parties agree otherwise. The mediator/arbitrator is to endeavour to assist the parties in settling this matter. Should efforts be unsuccessful, the mediator/arbitrator is to determine the grievance by arbitration. In doing so, Article 22.16 empowers the mediator/arbitrator to “limit the nature and extent of the evidence and may impose such condition as he or she considers appropriate”. [3] Having considered the representations of the parties, I make the following case management directions. Initial Production [4] On or before July 30, 2019 the Union shall finalize its production requests to the Employer. [5] On or before August 30, 2019 the Employer shall produce to the Union documents which have been requested. To the extent the Employer objects to producing a document in whole or in part, it must briefly state its reasons for each such objection. [6] Any further requests for production from the Union arising from the Employer August 30, 2019 response must be made on or before September 12, 2019 and a response by the Employer must be no later than September 20, 2019. Declarations [7] The evidence in chief of the parties shall take the form of declarations. The declarations shall set out all of the material facts upon which the party intends to rely. Subject to what follows, declarations are admissible into evidence without the need of calling a declarant as a witness. [8] 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 weight 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 under my instruction and I hereby confirm its accuracy.” - 3 - Filing of Declarations and Representations [9] On or before July 30, 2019 the Union shall file full written representations which shall include: a statement of all issues which the Union intends to raise, the remedies it seeks and full particulars in support of its position. The Union’s representations shall be supported by declarations from each of its intended witnesses and the documents on which it intends to rely. [10] On or before August 30, 2019, the Employer shall file full written representations subject to the same requirements as the Union’s noted in paragraph 9 above. [11] On or before September 12, 2019, and in accordance with the requirements noted in paragraph 9 above, the Union shall file any supplemental or additional declarations upon which it intends to rely together with any additional requests for production as noted in paragraph 6 above. Limits on Oral Evidence and Argument [12] 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, at least 14 calendar days before the first date of hearing, give notice of that intention to the other party. If such declarant does not attend the hearing, no weight will be given to the declaration filed on behalf of the that declarant. Preliminary Issues [13] All issues with respect to adequacy or scope of any declarations submitted, or production shall also be resolved prior to the hearing following the exchange of production documents and declarations, if the parties are unable to resolve any disputes regarding the adequacy or scope of documents or declarations, a pre- hearing conference will be scheduled on the request of a party to hear submissions and decide the issue. [14] This matter is scheduled to continue October 9, 2019. Dated at Toronto, Ontario this 29th day of May, 2019. “Dale Hewat” Dale Hewat, Arbitrator