HomeMy WebLinkAbout2016-1481.Burns.17-06-08 Decision
Crown 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#2016-1481
UNION#2016-0546-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Burns) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour) Employer
BEFORE Ian Anderson Vice-Chair
FOR THE UNION Andrew Mindszenthy
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Henry Huang
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 6, 2017
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Decision
[1] This is a job posting grievance. The Grievor was screened out. He alleges the
process was unfair. The Employer disagrees. The process used lies within the
knowledge of the Employer.
[2] This grievance is subject to Article 22.16. Article 22.16 provides that grievances will
be referred to a single mediator/arbitrator for resolution in an expeditious and informal
matter. The decisions reached are of no precedential value unless the parties agree
otherwise. Article 22.16.2 states:
The mediator/arbitrator shall endeavour to assist the parties to settle the
grievance by mediation. If the parties are unable to settle the grievance
by mediation, the mediator/arbitrator shall determine the grievance by
arbitration. When determining the grievance by arbitration, the
mediator/arbitrator may limit the nature and extent of the evidence and
may impose such conditions as he or she considers appropriate. The
mediator/arbitrator shall give a succinct decision within five (5) days after
completing proceedings, unless the parties agree otherwise.
[3] Attempts to resolve this matter by mediation were unsuccessful.
[4] Exchange of particulars and production had not been completed prior to the
mediation day. Having regard to the representations of counsel as to the appropriate
manner of proceeding, I direct as follows:
(i) The Employer is to provide the Union with full particulars in support of its
contention that the hiring process was fair. At the same time, the
Employer is to:
(a) produce to the Union all the documents upon which the Employer
intends to rely in support of its position;
(b) produce, to the extent that it does not object, all the documents which
the Union has requested be produced;
(c) describe, and if practical list, any documents which it objects to
producing and provide the basis of its objection for each such
document or category of documents.
(ii) The Union is to provide the Employer with full particulars in support of its
contention that the hiring process was unfair. At the same time the Union
is to produce to the Employer all documents upon which it intends to rely
in support of its position.
(iii) The Employer shall provide the Union with any additional particulars or
documents upon which it intends to rely in reply to the Union’s position.
(iv) The parties are directed to endeavour to agree upon material facts for the
purpose of the hearing of this matter through out this process. The
particulars provided by the parties may be used for this purpose if they
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agree. Particulars and production are to be exchanged as soon as
reasonably possible and in any event prior to the hearing of this matter.
(v) A pre-hearing case management conference will be held by conference
call at the request of either party.
(vi) The hearing of this matter will be completed in one day unless the Board
orders otherwise prior to the day of the hearing. The Employer will have
three hours for presentation of its case; the Union will have three hours
for presentation of its case. These time allocations are inclusive of any
evidence with respect to disputed facts.
Dated at Toronto, Ontario this 8th day of June 2017.
Ian Anderson, Vice-Chair