GSB# 2019-1201
UNION# 2019-0252-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Haist)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Brian McLean
Arbitrator
FOR THE UNION
Kamal Bakhazi Koskie Minsky LLP Counsel
FOR THE EMPLOYER
Julia Evans Treasury Board Secretariat Legal Services Branch Senior Counsel
HEARING
October 12, 2022
Decision
1This is a discharge grievance. The Grievor is a correctional officer whose employment was terminated for, among other things, alleged use of excessive force in dealing with an inmate. The hearing of this matter commenced some time ago and has, to date, involved several hearing days.
2This decision concerns a request by the Employer that it be permitted to call an expert witness to give opinion evidence about the Grievor’s actions during the incident in question. The Union objects to the Employer’s request. At the request of the parties, I held a Voir Dire so that the proposed expert could be examined, and arguments made. This decision determines the Employer’s request.
Background
3During the course of the hearing on the merits, the Employer has called witnesses to give evidence about, among other things, what the Grievor did in the incident which gave rise to the termination of his employment. In addition, the Employer has also introduced video evidence obtained from recordings made of the incident from at least two different viewpoints. It is arguable whether the recordings show precisely what happened throughout.
4Without making any final determinations (which will be left to my final decision) it appears there are three interactions between the Grievor and the inmate which, among other things, the Employer relies on as constituting just cause for the termination of the Grievor’s employment. These interactions take place within a few minutes.
5In the first interaction, the Grievor speaks to the inmate, likely about something the inmate said to the Grievor. The Grievor gets close to the inmate. The inmate pushes the Grievor in the chest and