2717-12-PE Ottawa Public Library Board, Applicant v. The Ottawa-Carleton Public Employees Union, Local 503, Respondent.
3497-12-PE Ottawa-Carleton Public Employees’ Union (CUPE) Local 503, Applicant v. City of Ottawa – Ottawa Public Library Board, Respondent.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE TRIBUNAL: May 15, 2014
These are applications under the Pay Equity Act that are scheduled for hearing on June 18 and 19, 2014.
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
The Tribunal is in receipt of correspondence dated May 12, 2014 from counsel for Ottawa-Carleton Public Employees Union, Local 503 (CUPE Local 503) (“Local 503”), requesting two signed Summons to Witness in blank in respect of two bargaining unit members who Local 503 anticipates it will call to testify on its behalf at the hearing.
Counsel also requests that the Tribunal “waive” Rule 51 of the Tribunal’s Rules of Practice, requiring the payment of conduct money to the two witnesses in accordance with Tariff A of the Rules of Civil Procedure (which Local 503 calculates to be a total of $53 per witness), on the basis that the witnesses will be paid their regular wages by the Ottawa Public Library under the collective agreement for the day or days on which they are required to be in attendance at the hearing.
It does not appear that counsel delivered a copy of her correspondence to the Ottawa Public Library.
I fail to see why Local 503 should be relieved of the requirement to pay conduct money to the witnesses it wishes to have summoned to the hearing merely because they may be paid their wages in any event. The Rules of Civil Procedure do not appear to make that distinction or to exempt parties from the requirement to pay conduct money to their witnesses.
The Registrar is directed to provide Local 503 with two signed Summons to Witness in blank.
Dated at Toronto this 15th day of May, 2014.
“Patrick Kelly”
Patrick Kelly, Vice-Chair