GSB# 2018-3059; 2018-3974; 2019-0402

OPSEU# 2018-0368-0286; 2019-0368-0064; 2019-0368-0110

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Codling et al)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Maria-Kristina Ascenzi Treasury Board Secretariat Legal Services Branch Counsel

HEARING DATE

July 3, 2020 (via teleconference call)

DECISION

1These grievances came before me under s.22.16 of the Collective Agreement. These grievances pertain to individual 3, 5- and 7-day suspensions imposed for failing to follow managerial meal service directives and for various unacceptable actions that allegedly took place during an incident that occurred in October 2018".

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”.

3On July 3, 2020, a conference call was held to discuss the process for witness testimony and legal argument during a video-conference hearing. Having considered the representations of the parties, I make the following case management directions.

Declarations

4The 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.

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 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

6On or before September 10, 2020 the Employer shall file declarations from each of its intended witnesses and the documents on which it intends to rely.

7On or before October 9, 2020, the Union shall file declarations from each of its intended witnesses and the documents on which it intends to rely.

8On or before October 23, 2020, the Employer shall file any supplemental or additional declarations upon which it intends to rely based on its response to the declarations filed by the Union.

Rules for Oral Evidence and Argument

9Although a witness declaration constitutes evidence in chief, each party, during examination in chief, may ask its witnesses to clarify or expand upon information contained in the declaration in order to give the witness the opportunity to provide thorough testimony. Each party may cross-examine any declarant of a declaration filed by the other party. Subject to my discretion to control the hearing process, there shall be no time-limits imposed for openings statements, calling of evidence, or legal argument. 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.

10The hearings scheduled for July 7 and 8, 2020 are adjourned. This matter is scheduled to continue November 10, 2020.