During an arbitration hearing regarding a grievance over a surplus notice and denial of training, the employer sought to adduce evidence from a human resources consultant to contradict the grievor's testimony that he was advised not to grieve the cancellation of his training.
The union objected on the basis of the rule in Browne v. Dunn, arguing the grievor had not been cross-examined on this point.
The Grievance Settlement Board upheld the objection, finding that the employer failed to put the grievor on notice of the intended challenge to his credibility on an essential matter.
The evidence was ruled inadmissible.