HomeMy WebLinkAbout2018-3059.Codling et al.2020-07-03 DecisionCrown 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# 2018-3059; 2018-3974; 2019-0402
OPSEU# 2018-0368-0286; 2019-0368-0064; 2019-0368-0110
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Codling et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Maria-Kristina Ascenzi
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING DATE July 3, 2020 (via teleconference call)
-2-
DECISION
[1] These grievances came before me under s.22.16 of the Collective Agreement.
These grievances pertain to individual 3, 5- and 7-day suspensions imposed for
failing to follow managerial meal service directives and for various unacceptable
actions that allegedly took place during an incident that occurred in October
2018".
[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] On July 3, 2020, a conference call was held to discuss the process for witness
testimony and legal argument during a video-conference hearing. Having
considered the representations of the parties, I make the following case
management directions.
Declarations
[4] 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.
[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 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.”
Filing of Declarations and Representations
[6] On or before September 10, 2020 the Employer shall file declarations from each
of its intended witnesses and the documents on which it intends to rely.
-3-
[7] On or before October 9, 2020, the Union shall file declarations from each of its
intended witnesses and the documents on which it intends to rely.
[8] On or before October 23, 2020, the Employer shall file any supplemental or
additional declarations upon which it intends to rely based on its response to the
declarations filed by the Union.
Rules for Oral Evidence and Argument
[9] Although a witness declaration constitutes evidence in chief, each party, during
examination in chief, may ask its witnesses to clarify or expand upon information
contained in the declaration in order to give the witness the opportunity to provide
thorough testimony. Each party may cross-examine any declarant of a
declaration filed by the other party. Subject to my discretion to control the hearing
process, there shall be no time-limits imposed for openings statements, calling of
evidence, or legal argument. 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.
[10] The hearings scheduled for July 7 and 8, 2020 are adjourned. This matter is
scheduled to continue November 10, 2020.
Dated at Toronto, Ontario this 3rd day of July, 2020.
“Dale Hewat”
______________________
Dale Hewat, Arbitrator