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