GSB# 2017-0124; 2017-0489; 2017-0490

UNION# 2017-0368-0032; 2017-0368-0046; 2017-0368-0047

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Troost)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Paul Meier Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 20, 2018

DECISION

1These grievances relate to allegations of discrimination and failure to accommodate. Attempts at mediation were unsuccessful. A case management session was conducted. Having considered the representations of counsel for the parties, I make the following directions.

Initial Production

2On or before July 3, 2018, the Union shall finalize its production requests to the Employer.

3On or before July 20, 2018, the Employer shall produce to the Union the documents which it has requested or, to the extent the Employer objects to producing a document in whole or in part, briefly state its reasons for each such objection.

Declarations

4The evidence in chief of the parties shall take the form of declarations which may be supplemented by up to 15 minutes of oral evidence per declarant. The declarations shall set out all the material facts upon which a party intends to rely. The supplementary oral evidence, if any, shall not introduce new material facts. Subject to what follows, declarations are admissible into evidence without the need of calling a declarant as a witness.

5Declarations 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. Each 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.”

6Documents intended to be relied upon at the hearing shall be properly identified by a declarant unless filed on consent of the parties.

Filing of Declarations and Representations

7On or before September 21, 2018, the Union shall file full written representations which shall include: a statement of all issues which the Union intends to raise; the remedies it seeks; and full particulars in support of its positions. The Union’s representations shall be accompanied by declarations from each of its intended witnesses and the documents on which it intends to rely.

8On or before October 26, 2018, the Employer shall file full written representations which shall include: a statement of its position with respect to all issues raised and all remedies sought by the Union; a statement of any additional issues which it intends to raise; and full particulars in support of its positions. The Employer’s representations shall be accompanied by declarations from each of its intended witnesses and the documents on which it intends to rely.

9On or before November 9, 2018, the Union shall file any supplemental or additional declarations upon which it intends to rely. Any such declarations will be limited to additional facts which reply to the facts set out in the Employer's declarations which the Union could not have anticipated.

Limits on Oral Evidence and Argument

10The opening for each party shall not exceed 10 minutes.

11Each party may cross-examine any declarant of a declaration filed by the other party. The total time spent by a party in cross-examinations shall not exceed 30 minutes per grievance. A party which intends to cross-examine the declarant of a declaration at the hearing shall, at least 14 calendar days before the first date of the hearing, give notice of that intention to the other party. The party which submitted the declaration shall be responsible for ensuring the declarant’s attendance at the hearing. If such a declarant does not attend, no weight will be given to the declaration filed on behalf of that declarant.

12The time spent by a party in re-examination of one of its declarants shall not exceed 5 minutes per declarant cross-examined.

13The Union’s final argument shall not exceed 25 minutes in total. The Employer’s argument in response shall not exceed 30 minutes. The Union’s reply shall not exceed 5 minutes.

14Time spent by a party making an objection is considered to be part of the time for its case.

15Time limits under this section may only be extended by leave of the Arbitrator.

Preliminary Issues

16Where a party anticipates that it will seek more time for cross-examination, it shall raise the issue prior to the hearing. All issues with respect to the adequacy of declarations or scope of the declarations (including supplemental or additional declarations, if any) or production shall also be resolved prior to the hearing. If the parties are unable to resolve any disputes about the adequacy of declarations or scope of the declarations (including supplemental or additional declarations, if any) or production of documents following the completion of the exchange of declarations, or if a party is seeking more time for the cross-examination of witnesses, a pre-hearing conference call will be scheduled on the request of a 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 parties. No objections as to adequacy of declarations or scope of the declarations (including supplemental or additional declarations, if any), or production of documents may be made at the hearing without leave of the Arbitrator.