HomeMy WebLinkAbout2011-3795.Osborne.13-04-12 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-3795
UNION#2011-0605-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Osborne) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Paul Meier
Ministry of Government Services
Labour Practice Group
Counsel
CONFERENCE CALL April 10, 2013.
- 2 -
Decision
[1] The grievance before me dated November 28, 2011, filed by Mr. A. Osborne,
claims that the Employer’s decision to lay him off contravenes the Collective Agreement.
The hearing of this grievance is scheduled to commence on April 16, 2013. The
Employer has denied the Union’s request to produce a Communications Review report
prepared by Mr. D. Ayotte. This report contains fifteen recommendations concerning the
communications function. During a conference call held on April 10, 2013, counsel
addressed the issue of whether I should direct the Employer to produce the report to the
Union.
[2] After hearing from counsel, I advised them that the circumstances did not warrant
a direction to the Employer to produce the report to the Union. Notwithstanding the
submissions of Union counsel, I determined that the report is not arguably relevant to the
issues in this proceeding. I came to this conclusion having regard to the nature of the
report, the timing of events and the fact that the decision maker in this instance was
unaware of the report at the relevant time.
[3] I advised counsel that the Union may revisit this issue if the evidence at the
hearing demonstrates that the report has some relevance to the issues in dispute between
the parties.
Dated at Toronto this 12th day of April 2013.
Ken Petryshen, Vice-Chair