GSB#2018-2564; 2018-2621

UNION# 2018-0430-0012; 2018-0430-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Perault)

Union

• and -

The Crown in Right of Ontario (Ministry of Government and Consumer Services)

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Erin Thorson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Emily Lewis Treasury Board Secretariat Employee Relations Advisor

HEARING

May 15, 2019

Decision

1These grievances came before me under s.22.16 of the Collective Agreement. Both grievances deal with allegations that the Employer did not screen the Grievor’s applications for job competitions in a fair and equitable manner as required pursuant to Article 6 of the Collective Agreement.

2Article 22.16 provides for the resolution of grievances “in an expeditious and informal manner. Decisions reached are of no precedential value unless the parties agree otherwise. The mediator/arbitrator is to endeavour to assist the parties in settling this matter. Should efforts be unsuccessful, the mediator/arbitrator is to determine the grievance by arbitration. In doing so, Article 22.16 empowers the mediator/arbitrator to “limit the nature and extent of the evidence and may impose such condition as he or she considers appropriate”.

3Having considered the representations of the parties, I make the following case management directions.

Initial Production

4On or before July 30, 2019 the Union shall finalize its production requests to the Employer.

5On or before August 30, 2019 the Employer shall produce to the Union documents which have been requested. To the extent the Employer objects to producing a document in whole or in part, it must briefly state its reasons for each such objection.

6Any further requests for production from the Union arising from the Employer August 30, 2019 response must be made on or before September 12, 2019 and a response by the Employer must be no later than September 20, 2019.

Declarations

7The evidence in chief of the parties shall take the form of declarations. The declarations shall set out all of the material facts upon which the party intends to rely. Subject to what follows, declarations are admissible into evidence without the need of calling a declarant as a witness.

8Declarations 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 weight 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 under my instruction and I hereby confirm its accuracy.”

Filing of Declarations and Representations

9On or before July 30, 2019 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 position. The Union’s representations shall be supported by declarations from each of its intended witnesses and the documents on which it intends to rely.

10On or before August 30, 2019, the Employer shall file full written representations subject to the same requirements as the Union’s noted in paragraph 9 above.

11On or before September 12, 2019, and in accordance with the requirements noted in paragraph 9 above, the Union shall file any supplemental or additional declarations upon which it intends to rely together with any additional requests for production as noted in paragraph 6 above.

Limits on Oral Evidence and Argument

12Each party may cross-examine any declarant of a declaration filed by the other party. 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 hearing, give notice of that intention to the other party. If such declarant does not attend the hearing, no weight will be given to the declaration filed on behalf of the that declarant.

Preliminary Issues

13All issues with respect to adequacy or scope of any declarations submitted, or production shall also be resolved prior to the hearing following the exchange of production documents and declarations, if the parties are unable to resolve any disputes regarding the adequacy or scope of documents or declarations, a pre-hearing conference will be scheduled on the request of a party to hear submissions and decide the issue.

14This matter is scheduled to continue October 9, 2019.