HomeMy WebLinkAbout2022-11863.McGann.24-02-26 Decision
Crown 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# 2022-11863; 2022-11864; 2022-12129;
2022-12130; 2023-00368; 2023-00370
UNION# 2022-0526-0037; 2022-0526-0038; 2023-0526-0003;
2023-0526-0004; 2023-0526-0008; 2023-0526-0010
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) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Adam Veenendaal
Morrison Watts Hurtado & Buchner
Counsel
FOR THE EMPLOYER Katie Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL
February 23. 2024
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Decision
[1] I have before me six grievances of Dag McGann, all referred under Article
22.16.1.
[2] Article 22.16.1 provides for the resolution of grievances “in an expeditious
and informal manner”. The parties requested a pre-hearing case
management conference call.
[3] While production has not been completed, it appears that most if not all of
the facts in relation to the various grievances are recorded in various
documents and will not be in dispute.
(i) Having regard to the representations of the parties, I make the
following case management directions:
(ii) On or before March 8, 2024, the Union shall provide the
Employer with all documents upon which it intends to rely in
relation to the grievances. To the extent that the Union seeks to
rely upon material facts not contained in the documents it has
produced, it shall also provide the Employer with one or more
declarations from individuals setting out their evidence with
respect to those facts.
(iii) On or before March 18, 2024, the Employer shall provide the
Union with any additional documents upon which it intends to rely
in response to the grievances. To the extent that the Employer
seeks to rely upon material facts not contained in the documents
produced by either party, it shall also provide the Union with one
or more declarations from individuals setting out their evidence
with respect to those facts.
(iv) On or before March 22, 2024, the Union shall provide the
Employer with any additional documents upon which it intends to
rely in reply. To the extent that the Union seeks to rely upon
additional material facts not contained in the documents
produced by either party, it shall also provide the Employer with
one or more declarations from individuals setting out their
evidence with respect to those facts.
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(v) On or before March 25, 2024, the parties are to file with the
Arbitrator a Joint book of documents for use at the hearing. The
book of documents is to be in PDF format (“tabbed" with
bookmarks). All documents in the book of documents will be
received into evidence without proof of authenticity but without
prejudice to the position of either party as to admissibility or
relevance. Subject to what follows, statements contained in a
document will be treated as the evidence of the person making
the statement. The weight to be given to that evidence will be
determined by the Arbitrator having regard to relevant factors
including:
• The circumstances in which the statement was made;
• Whether the statement is based on first hand
knowledge or information and belief; and
• Whether the statement is with respect to facts which
are reasonably capable of belief or is a conclusion or
opinion.
(vi) On or before March 25, 2024, each party shall also give notice to
the other party of any disputed material statement contained in
the book of documents or the declarations for which they require
the other party to call a witness. If called, such a witness may
simply adopt the statement, with or without modification, as their
evidence-in-chief. If no witness is called, the statement may be
given full, little or no weight as determined by the Arbitrator
having regard to relevant factors including the materiality of the
dispute and the reasons for not calling the witness.
(vii) The hearing will be held on March 27, 2024 and shall be
completed in the day. The Union and the Employer shall each
have 3 hours to complete their case, inclusive of any time spent
on oral evidence. Oral evidence, if any, inclusive of all evidence-
in-chief, cross-examination and re-examination, shall be limited to
30 minutes in total for each party.
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(viii) 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).
(ix) 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.
(x) If the parties are unable to resolve any disputes about the
adequacy of production or there are any other preliminary issues,
a pre-hearing conference call will be scheduled with counsel 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 other procedural or preliminary issues may be
made at the hearing without leave of the Arbitrator.
Dated at Toronto, Ontario this 26th day of February 2024.
“Ian Anderson”
_________________________
Ian Anderson, Arbitrator