GSB#2017-0402

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Botari)

Association

• and –

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

George Parris Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 27, 2018

Decision

1The Employer seeks the adjournment of the next two hearing dates in this matter based on the inability of its advisor and current witness, Mr. Ken Fox, to attend on those dates. The Association opposes the adjournment request.

2The next two hearing dates are October 2 and 4, 2018. I am satisfied that Mr. Fox’s inability to attend on those dates is unavoidable. The next scheduled date after those dates is October 26, 2018.

3Having considered the submissions of the parties, the two hearing dates (October 2 and 4, 2018) are adjourned on the following conditions:

a. By October 5, 2018, the Association is directed to refile the book of documents it entitled “Employer’s Additional Documents” with an index and tabs.

b. By October 22, 2018, the Employer is directed to file the balance of the evidence in chief of Ken Fox (the “declarant”) in the form of a declaration. The declaration 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. Documents intended to be relied upon at the hearing shall be properly identified by the declarant and shall accompany the declaration unless already filed as exhibits at the hearing. The 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.”

c. No statement in the declaration shall be considered to be in evidence until the declarant adopts it during the hearing. The Employer may then amplify or supplement the evidence in the declaration through viva voce evidence. The time spent in eliciting that evidence shall not exceed 60 minutes, or such further time as may be permitted by the Arbitrator.

d. Further directions as to time for viva voce examination in chief or cross examination of the declarant may be given following the filing of the declaration.

e. The parties are directed to contact the Grievance Settlement Board to schedule additional dates.