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

February 23, 2018

Decision

1This is a discharge case. There is one day (March 7, 2018) available to complete the evidence of one of the Employer’s witnesses before he is assigned over seas for a period of two years. Accordingly, have considered the representations of the parties, I make the following directions.

2Subject to what follows, the Employer is directed to file the balance of the evidence in chief of Jean-Luc Hache (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.” The declaration is to be filed no later than 5:00 PM on March 5, 2018.

3It is anticipated that certain time sheets and expense claim records which are alleged to have been completed by the Complainant and submitted by him to the Canadian Armed Forces of the Department of National Defence (“DND”) will be among the documents referred to by the declarant. Copies of those documents have already been produced by the Employer to the Association. The Association is directed to advise the Employer no later than 5:00 PM on March 5, 2018 whether it challenges the authenticity of any of those documents, and if so which ones.

4On the next hearing date, the Employer may amplify or supplement the evidence in the declaration through viva voce evidence. The time spent in eliciting that evidence shall not exceed 45 minutes. The Association shall have 3 hours and 45 minutes for cross examination of the declarant. The Employer shall have 30 minutes in re-examination. The hearing shall commence at 9:30 AM.

5Time spent by a party making an objection is considered to be part of the time for its case.

6Time limits may only be extended by leave of the Arbitrator.