HomeMy WebLinkAbout1988-0522.Little.88-11-24 BOARD DES GRIEFS
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180, RUE DUNDAS OUES~ TORONTO, {ONTARIO) MSG 1Z8. ~UREAU 2100 (41615~-0~8
IN THE MATTER OF AN ARBITRATION
Under ~
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Be'tween: OPSEU (Little) Griever
- and -
The Crown in Right of Ontario
{Ministry of Revenue)
Emp]oyeK .,
Before: Eric K. S]ofle Chairperson
I. Freedman Member
A. Merritt Member
For the Griever: Pamela Chapman
Counsel
Gowiing & Henderson
Barristers & Solicitors
Vor the'Employer:, David Daniels
-.- Staff Relat~on~ Officer
Personnel Services Branch
· Ministry of Revenue
HEAP!~]G: October 26, t988
RULING
The following Ruiing was delivered orally at th~
hearing, and as promised is being transcribed for the benefit
of the parties:
This is a job competition case.
The Grievor has served a Subpoena 'to obtain production
of the files ·from a previous job competition wherein the
Grievor and the present incumbent were ·both u~]succeSsful
applicants. The Employer has resisted production of this·
file on the grounds of relevance. We have heard argument
from the Grievor.' s counsel that theories will be advanced
tha't could render the findi'ngs in this previous competition
relevant. We are not persuaded that some such theory could
not succeed, and the Gpievor should have every opportunity
prove ~her ·case. It goes without saying that the incumben't 'is
fully protected by the process availabl~e to her.
The Board accordingly orders the Employer to produce
requested dOcuments from that earlier file.
Since this panel has heard no evidence it is not
seized of this case.
.. Dated at Toronto, Ontario this'24th day of November, 1988.
F., K. SLON.E~ -~-~ICE- CHAIRPERSON
I. FRE~EDMAN'- UNION MEMBER
A, MERRiTT - EMPLOYER ~EMBER