GSB# 2020-1071

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

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

Association

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 29, 2021

Decision

1This grievance alleges the position of “Night Residence Manager” falls within the bargaining unit. A case management session was conducted with respect to this grievance on October 29, 2021. Having considered the representations of counsel for the parties, I make the following directions.

Particulars

2On or before January 28, 2022, the Association shall provide the Employer with full particulars in support of its position.

Declarations

3The evidence in chief of the parties shall take the form of declarations which, subject to the time limits below, may be supplemented by oral evidence of the 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.

4Declarations 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.” If it is not possible to obtain a declarant’s signature, an email from the declarant containing the same statement shall accompany the declaration.

5Documents intended to be relied upon at the hearing shall be properly identified by a declarant unless filed on consent of the parties.

6Each 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 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 unless the Arbitrator determines otherwise.

Filing of Declarations

7On or before April 1, 2022, the Employer shall file declarations from each of its intended witnesses. At the same time, the Association shall provide the Employer with copies of any documents referenced in its declarations.

8On or before May 13, 2022, the Association shall file declarations from each of its intended witnesses. At the same time, the Employer shall provide the Association with copies of any additional documents referenced in its declarations.

9On or before June 3, 2022, the Employer 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 Association could not have anticipated.

Joint Book of Documents

10The parties shall prepare a joint Book of Documents containing all documents referenced in the declarations of either party, or which are filed on consent. The Book of Documents shall be in PDF format, “tabbed” and with pages numbered sequentially. Documents to which one or the other of the parties objects shall be included but identified as in dispute. The Book of Documents shall be filed at least seven days in advance of the first day of hearing. Filing shall be by way of uploading to dropbox.

Manner of Hearing

11On the agreement of the parties, the hearing will be conducted by way of videoconference.

Limits on Oral Evidence

12The opening statement for each party shall not exceed 30 minutes.

13Supplementary oral evidence in chief shall be limited to 15 minutes per declarant.

14Cross examination of witnesses will be limited to 90 minutes per declarant.

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

Preliminary Issues

16All preliminary issues, including issues with respect to the adequacy of declarations or scope of the declarations (including supplemental or additional declarations, if any) or production shall be resolved prior to the hearing. If the parties are unable to resolve any such disputes following the completion of the exchange of declarations, 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 party. No preliminary issues, including 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.