HomeMy WebLinkAboutUnion 13-06-03PC/OPSEU - 2012-0431-0052 - AWARD
IN THE MATTER OF AN ARBITRATION brought pursuant to the Ontario Labour Relations Act, 1995, as amended (Grievance #2011-0431-0052) BETWEEN: PROVIDENCE CARE (MHS) (the “employer”) -and
-ONTARIO PUBLIC SERVICE EMPLOYEES UNION (the “union”) AWARD Sole Arbitrator: Marilyn A. Nairn Hearing held: March 25, 2013 (Kingston, Ontario) APPEARANCES For the union: Peggy Smith
Mary Lou McCartney Dan Anderson For the employer: Indira Naraine Lorna Wilson
1 AWARD 1. The parties agreed to utilize an expedited process to have this matter determined. The grievance concerns the application of Articles 14.3 (a) and (b) of the collective agreement.
Those Articles provide: 14.3 Full Disclosure a) Principles of Full Disclosure The parties agree that the principles of full disclosure of issues in a dispute as alleged by a grievance
advanced by the Union on behalf of a member or members, or the Union itself, and full disclosure of relevant facts relied upon by management in a decision that is subject to a grievance,
are key elements in amicable and expeditious resolution processes. b) Disclosing Relevant Facts The parties agree that at the earliest stage of the grievance procedure, all parties will
disclose the relevant facts pertinent to the issue in dispute. 2. Following the filing of a grievance, and where there is an investigation report upon which the employer relied in reaching
the decision that has become the subject of the grievance, a local union representative is entitled to review the investigation report, or, where there is no investigation report, the
relevant facts pertinent to the dispute, upon request. Should the union then seek a copy of the investigation report, the employer shall, in a timely manner, provide a copy directly
to the assigned Grievance Officer or legal counsel, as the union advises. The union is to exercise appropriate discretion with respect to the use and disclosure of such information.
Dated at Toronto, Ontario this 3rd day of June, 2013. ________________________________________________ Marilyn A. Nairn, Arbitrator.
1
AWARD
1. The parties agreed to utilize an expedited process to have this matter determined. The
grievance concerns the application of Articles 14.3 (a) and (b) of the collective agreement. Those
Articles provide:
14.3 Full Disclosure
a) Principles of Full Disclosure
The parties agree that the principles of full disclosure of issues in a dispute as alleged by a
grievance advanced by the Union on behalf of a member or members, or the Union itself,
and full disclosure of relevant facts relied upon by management in a decision that is subject
to a grievance, are key elements in amicable and expeditious resolution processes.
b) Disclosing Relevant Facts
The parties agree that at the earliest stage of the grievance procedure, all parties will
disclose the relevant facts pertinent to the issue in dispute.
2. Following the filing of a grievance, and where there is an investigation report upon which
the employer relied in reaching the decision that has become the subject of the grievance, a local
union representative is entitled to review the investigation report, or, where there is no
investigation report, the relevant facts pertinent to the dispute, upon request. Should the union
then seek a copy of the investigation report, the employer shall, in a timely manner, provide a
copy directly to the assigned Grievance Officer or legal counsel, as the union advises. The union
is to exercise appropriate discretion with respect to the use and disclosure of such information.
Dated at Toronto, Ontario this 3rd day of June, 2013.
________________________________________________
Marilyn A. Nairn, Arbitrator.