HomeMy WebLinkAbout2011-0378.Chapman.15-03-17 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#2011-0378
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Association of Management, Administrative and
Professional Crown Employees of Ontario
(Chapman) Association
- and -
The Crown in Right of Ontario
(Treasury Board Secretariat) Employer
BEFORE Christopher J. Albertyn Vice-Chair
FOR THE UNION Marisa Pollock
Sack Goldblatt Mitchell LLP
Counsel
Nadine Blum
Sack Goldblatt Mitchell LLP
Counsel
FOR THE EMPLOYER Paul Meier
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 12, 2015
- 2 -
Decision
[1] This matter concerns a complaint regarding the implementation of a Memorandum of
Settlement concluded on March 1, 2013.
[2] The Complainant contends that a permanent vacancy arose, pursuant to
Paragraph 2.1 of the Memorandum of Settlement, to which she ought to have been assigned.
The Employer denies there was any permanent vacancy, among other defences.
[3] In order to expedite the hearing of the matter efforts will be made to limit
the extent of oral evidence needed. This will be done by determining what relevant facts are
undisputed. To that end, the Union will produce a chart and/or narrative chronology setting out
the assignment of work to the RPBAs during the period May 2012 to date (“the summary”). In
order to do so, the Union requires production of arguably relevant documents.
[4] The Employer has produced many documents. At the hearing on March 12, 2015 the
Union sought clarification of whether certain additional documents exist. The Employer
undertook to investigate the matter. After its investigation it will produce, by March 31, 2015,
all additional documents arguably relevant and requested by the Union. The documents thus far
produced and those to be produced are subject to the conditions described below.
[5] The Union will provide the summary to the Employer by April 17, 2015. The Employer
will have input into the summary, with the intention that the parties agree the summary by the
next date of hearing, May 7, 2015, so that the summary may be handed in then as an agreed
Exhibit.
- 3 -
[6] The documents produced by the Employer are subject to the following conditions:
a. The Union gives the implied undertaking regarding use of the documents;
b. The Complainant understands that the documents disclosed, and the
information contained therein, are to be used by her only in connection
with this proceeding and for no other purpose;
c. Union counsel or the Union may review the content of the documentation
with the Complainant, but they will not provide the Complainant with a
copy of any of the documents;
d. The Complainant will keep confidential the content of the documentation
shared with her;
e. The Board retains the power to enforce and to vary the terms of this order.
[7] To the extent the parties have not agreed on the procedure to expedite the hearing by the
next hearing date, May 7, 2015, that day will be used, at least at the start, to determine the
agreed facts and to decide on the following:
a. The issues in dispute and how best to deal with them;
b. what oral evidence, if any, will be needed on the disputed facts, if any;
c. the order of proceeding.
Dated at Toronto, Ontario this 17th day of March 2015.
Christopher J. Albertyn, Vice-Chair