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HomeMy WebLinkAbout2011-0950.Artt.14-09-15 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#2011-0950 UNION#2011-0547-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Artt) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Nimal Dissanayake Vice-Chair FOR THE UNION John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel FOR THE EMPLOYER Thomas Ayers Ministry of Government Services Legal Services Branch Counsel HEARING September 12, 2014 - 2 - Decision [1] The Board is seized with a grievance dated March 17, 2011 filed by Ms. Marie Artt. It arises out of the employer deducting the sum of $ 23,863.02 from her wages. The employer claims that it was entitled to recoup that amount because there was an overpayment to her. In advance of the hearing, the employer gave notice that it would be seeking an order that certain portions of the union’s particulars be struck, because they constitute an improper expansion of the grievance filed. [2] The union sought from the employer, production of a letter which it claims was written to the grievor by her then manager in July 2011. The employer objected to its production. This dispute was argued before the Board on September 12, 2014. [3] Having considered the documentation filed and the submissions of the parties, the Board concluded that the letter is arguably relevant to the issues before it, and further that even in the event that the letter in question had been removed from the grievor’s personnel file pursuant to terms of settlement of a previous grievance, it nevertheless is subject to production. The Board therefore ordered that the letter be produced to the union as soon as reasonably possible. That order is hereby confirmed in writing upon the request of the employer. [4] The Board remains seized with all outstanding matters arising out of the grievance. Dated at Toronto, Ontario this 15th day of September 2014. Nimal Dissanayake, Vice-Chair