HomeMy WebLinkAbout2023-00900.Cronsberry et al.24-09-06 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2023-00900
UNION# 2023-0232-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cronsberry et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources and Forestry) Employer
BEFORE Tatiana Wacyk Arbitrator
FOR THE UNION Alex Zamfir
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 4, 2024
- 2 -
Decision
[1] Having regard to the submissions of Counsel, I hereby order the Employer to
produce to Union Counsel, by no later than September 19, 2024, all arguably
relevant materials related to the grievance before me, including the following:
1. Any documents regarding the decision-making process, or
rationale which culminated in the directives from Matt Orok on
March 23, 2023, and April 3, 2023, and any subsequent
discussion with respect to the implementation of those directives;
2. Any communications or directions provided to AEMs by Rick
Watchhorn, Matt Orok, Lindsay Couillard, any Regional
Enforcement Operations Manager with respect to commuting
between home and office for Canine Conservation Officers;*
3. Any communications originating from inquiries from Matt McVittie
regarding how hours of work would be calculated for Canine
Conservations Officers arising from the Competition for Job ID
191917 (Canine Conservation Officer);
[While the Union requested a broader order related to all inquiries
arising in the context of the Job Competition, it was only able to
refer to information regarding inquiries from Mr. McVittie. As other
candidates in the Competition were members of the bargaining
unit, it was open to the Union to make inquiries to determine if any
other communications were exchanged. In the absence of any
indication this were the case, a broader order would, as argued by
Counsel for the Employer, constitute a fishing expedition.]
4. Any communications between Rick Watchhorn, Matt Orok,
Lindsay Couillard, any Regional Enforcement Operations
- 3 -
Manager, and AEM who oversees Canine Conservation Officers
with respect to the implementation of the directives from Matt Orok
on March 23, 2023 and April 3, 2023;* and
5. Any communications between Rick Watchhorn, Matt Orok,
Lindsay Couillard, any Regional Operations Manager, or AEM with
Human Resources providing input into the directives from Matt
Orok on March 23, 2023 and April 3, 2023*.
*The Employer argued the breadth of these orders, i.e., #2, #4 & #5
was too onerous, and submitted that a temporal limit of May 1, 2023,
the date of the Grievance, was more reasonable. However, given
the narrow focus of the issue in dispute, and the relatively short
timeline between the directives at issue and today’s date, I am
satisfied that “arguably relevant” remains the more appropriate limit
to the Order.
Dated at Toronto, Ontario this 6th day of September 2024.
“Tatiana Wacyk”
Tatiana Wacyk, Arbitrator