HomeMy WebLinkAbout2019-2154.Union.20-07-20 DecisionCrown Employees
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Commission de
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Toronto (Ontario) M5G 1Z8
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IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Ed Holmes (Counsel)
Ryder Wright Blair & Holmes LLP
FOR THE EMPLOYER Felix Lau (Counsel)
Treasury Board Secretariat
Legal Services Branch
HEARING July 13, 2020
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DECISION
[1] These grievances relate to the use of surveillance cameras at correctional
facilities. On consent, they are consolidated to be heard together.
[2] A case management session was conducted with respect to these matters.
Having considered the representations of counsel for the parties, I make the
following directions.
Reference Grievances
[3] The Union shall choose up to eight of the grievances to be heard in accordance
with directions given in this decision. The remaining grievances shall be held in
abeyance pending determination of the reference grievances. The issue of
individual remedies shall be bifurcated. The Employer reserves the right to argue
that no remedy should be granted in any particular grievance, including on the
basis that it is stale dated.
Declarations
[4] The evidence in chief of the parties shall take the form of declarations which,
subject to the time limits below, may be supplemented by oral evidence of the
declarant. The declarations shall set out all the material facts upon which a party
intends to rely. The supplementary oral evidence, if any, shall not introduce new
material facts. 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
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 or under my instruction and I hereby confirm its accuracy.” If it is
not possible to obtain a declarant’s signature, an email from the declarant
containing the same statement shall accompany the declaration.
[6] Documents intended to be relied upon at the hearing shall be properly identified
by a declarant unless filed on consent of the parties.
[7] 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 the hearing,
give notice of that intention to the other party. The party which submitted the
declaration shall be responsible for ensuring the declarant’s attendance at the
hearing. If such a declarant does not attend, no weight will be given to the
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declaration filed on behalf of that declarant unless the Arbitrator determines
otherwise.
Filing of Declarations
[8] On or before November 2, 2020, the Union shall file declarations from each of its
intended witnesses. At the same time, the Union shall provide the Employer with
copies of any documents referenced in its declarations.
[9] On or before December 7, 2020, the Employer shall file declarations from each of
its intended witnesses. At the same time, the Employer shall provide the Union
with copies of any additional documents referenced in its declarations.
[10] On or before December 21, 2020, the Union shall file any supplemental or
additional declarations upon which it intends to rely. Any such declarations will
be limited to additional facts which reply to the facts set out in the Employer’s
declarations which the Union could not have anticipated.
Joint Book of Documents
[11] The parties shall prepare a joint Book of Documents containing all documents
referenced in the declarations of either party, or which are filed on consent. The
Book of Documents shall be in PDF format, “tabbed” and with pages numbered
sequentially. Documents to which one or the other of the parties objects shall be
included but identified as in dispute. The Book of Documents shall be filed at
least seven days in advance of the first day of hearing. Filing shall be by way of
uploading to dropbox.
Limits on Oral Evidence
[12] The opening statement for each party shall not exceed 30 minutes.
[13] Supplementary oral evidence in chief shall be limited to 15 minutes per declarant.
[14] Cross examination of witnesses will be limited to 60 minutes per declarant.
[15] Time limits under this section may only be extended by leave of the Arbitrator.
Preliminary Issues
[16] All preliminary issues, including issues with respect to the adequacy of
declarations or scope of the declarations (including supplemental or additional
declarations, if any) or production shall be resolved prior to the hearing. If the
parties are unable to resolve any such disputes following the completion of the
exchange of declarations, a pre-hearing conference call will be scheduled on the
request of a party to hear submissions and decide the issue. Where the dispute
relates to the production of a document, an un-redacted copy of the document
-4-
shall be filed with the Arbitrator in advance of the conference call, along with a
copy of any redacted version of the document which has been provided to the
other party. No preliminary issues, including objections as to adequacy of
declarations or scope of the declarations (including supplemental or additional
declarations, if any), or production of documents may be made at the hearing
without leave of the Arbitrator.
Dated at Toronto, Ontario this 20th day of July, 2020.
“Ian Anderson”
______________________
Ian Anderson, Arbitrator