HomeMy WebLinkAbout2001-0508.Kerna et al.01-11-05 Order
~M~ om~o EA1PLOYES DE LA COURONNE
_QJ_L i~~i~~~i~T DE L "ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB#0508/01 0509101
UNION#0IB205 01B206
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Kerna et al )
Grievor
-and-
The Crown In RIght of Ontano
(Ontano Human Rights CommIssIOn)
Employer
BEFORE Damel A. Harns Vice-Chair
FOR THE GRIEVOR GavIn Leeb
Green & Chercover
BarrIsters & SOlICItorS
FOR THE EMPLOYER LIsa Compagnone
Counsel
Legal ServIces Branch
Management Board Secretanat
HEARING October 29 2001
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ORDER
These matters are gnevances filed by Glona Kerna (GSB# 0508/01) and SheIla
Crowe (GSB# 0509101) agaInst the actIOns of the Ontano Human RIghts CommIssIOn In
ImpOSIng case closure productIOn quotas The gnevors are InvestIgatIOn Officers At the
outset of the heanng on October 29 2001 the Umon sought an Order for the Employer to
produce the folloWIng
The Performance Appraisals for Mr Edwards, Mr McKInnon and Mr Donon
for each of the years they have held management posItIOns sInce Apnl 1 1998
If theIr performance appraisals do not IndIcate the number of cases they are
responsIble to ensure are closed In the relevant fiscal year then we request such
other and further documentatIOn that IndIcates same
Mr Edwards IS the DIrector of the CommIsSIOn. Mr McKInnon and Mr Donon are
AssIstant Managers Mr Donon IS the AssIstant Manager wIth responsIbIlIty for dIrect
supervISIOn of the gnevors The Umon submItted that the documents sought would establIsh,
what, If any case closure quotas have been Imposed on the CommISSIOn. That InfOrmatIOn
was said to be arguably relevant to the reasonableness of the quotas Imposed on the gnevors
The Employer said that the standards to whIch management mIght be held are Irrelevant to
those to whIch the gnevors mIght properly be held.
The Umon's request IS for two categones of documents, personal documents relatIng
to the performance of the DIrector and the AssIstant Managers or such further or other
documents relatIng to theIr responSIbIlItIes to ensure cases are closed.
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The performance appraisals of these managers are and should remaIn, pnvate
documents except In extraordInary CIrcumstances Any employee of the Crown would have
such a reasonable expectatIOn. The request for the dIsclosure of those documents presupposes
the eXIstence of performance standards Imposed on the managers that are akIn to those
Imposed upon the gnevors UntIl It IS establIshed that there are such standards, an order for
productIOn of such secondary documents as performance appraisals IS at best premature
However I agree wIth the submIssIOn of the Umon that the eXIstence of case closure
performance standards Imposed upon the managers IS arguably relevant to the Issues before
me, IncludIng the reasonableness or otherwIse of the case closure performance standards and
the sanctIOns to whIch gnevors may be subJected. AccordIngly the Employer IS ordered to
produce any and all documentatIOn In the nature of memoranda, dIrectIves, polIcIes or the
lIke that relate to case closure performance standards Imposed on the AssIstant Managers
McKInnon and Donon. Any such documents IndIcatIve of standards Imposed on the
AssIstant Managers are the most proxImate to those Imposed on the employees who report to
them, IncludIng the gnevors They wIll proVIde the comparator sought by the Umon gOIng to
the Issue of the reasonableness of the standards and sanctIOns Imposed on the gnevors
Dated at Toronto thIS sth day of November 2001
, :\
,.. ''I
Damel A. Harns, Vice-Chair