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HomeMy WebLinkAbout2020-2966.McGann et al.22-01-26 DecisionCrown 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# 2020-2966; 2020-2970; 2020-2971; 2021-0499 UNION# 2020-0526-0026; 2021-0526-0006; 2021-0526-0007; 2021-0526-0016 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McGann et al) Union - and - The Crown in Right of Ontario (Ministry of the Attorney General) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Rebecca Jones Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Thomas Ayers Treasury Board Secretariat Counsel HEARING January 17, 2022 (by video conference) -2- DECISION [1] This is a referral of four grievances under Article 22.16.1 of the Central Collective Agreement between the parties. [2] Article 22.16.1 provides for the resolution of grievances “in an expeditious and informal manner”. The mediator/arbitrator is to assist the parties in attempting to settle the matter. Should efforts be unsuccessful, the mediator/arbitrator is to determine the grievance by arbitration. In doing so, Article 22.16.1 provides the mediator/arbitrator may “limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate”. Decisions reached are without precedent unless the parties agree otherwise. Decisions are to be succinct and to be issued within five days of the completion of the proceedings. [3] Attempts to resolve this matter through mediation were unsuccessful. The expectation of the institutional parties is that if the case cannot be completed on the day of the mediation efforts, it will be completed on a second day. Accordingly, one further day will be scheduled to complete the hearing of these grievances. [4] It appears that oral evidence will be required only with respect to a conversation which took place between the grievor, Dag McGann, and his supervisor, Chris Samac, on December 10, 2020. Having said that, the parties have yet to complete the process of pre-hearing production. [5] Having regard to the representations of the parties, I make the following case management directions at this time. (i) The parties are to file with the Arbitrator a Joint book of documents in advance of the next hearing day. The book of documents is to be in PDF format (“tabbed" with bookmarks and with pages consecutively numbered using Bates Numbering). All documents will be received into evidence without proof of authenticity but without prejudice to the position of either party as to admissibility or relevance. Statements contained in a document will be treated as the evidence of the person making the statement. (ii) The parties shall make best efforts to exchange books of authorities in advance of the hearing. Books of authorities are to be in PDF format (“tabbed" with bookmarks and with pages consecutively numbered using Bates Numbering). -3- (iii) The hearing shall be completed in one day. The Union and the Employer shall each have 3 hours to complete their case, inclusive of any time spent on oral evidence. (iv) The Union shall call Mr. McGann to give evidence, which evidence shall be limited to his conversation with Mr. Samac on December 10, 2020. Mr. McGann’s evidence in chief shall not exceed 15 minutes. The cross-examination of Mr. McGann shall not exceed 10 minutes. The re- examination of Mr. McGann shall not exceed 5 minutes. (v) The Employer shall call Mr. Samac to give evidence, which evidence shall be limited to his conversation with Mr. McGann on December 10, 2020. Mr. Samac’s evidence in chief shall not exceed 15 minutes. The cross-examination of Mr. Samac shall not exceed 10 minutes. The re- examination of Mr. Samac shall not exceed 5 minutes. (vi) No other oral evidence will be heard without leave of the Arbitrator. (vii) Time limits set by this decision are not subject to modification on the agreement of the parties but may only be extended with leave of the Arbitrator. (viii) If the parties are unable to resolve any disputes about the adequacy of production of documents, or if a party is seeking to lead other oral evidence, a pre-hearing conference call will be scheduled on the request of either 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 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 objections as to adequacy of production of documents or requests to lead other oral evidence may be made at the hearing without leave of the Arbitrator. Dated at Toronto, Ontario this 26th day of January 2022. “Ian Anderson” ___________________ Ian Anderson, Arbitrator