HomeMy WebLinkAbout2013-4247.Association.19-11-26 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#2013-4247; 2018-1169
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Association)
Association
- and –
The Crown in Right of Ontario
(Ministry of the Solicitor General and Ministry of Children,
Community and Social Services) Employer
BEFORE Brian McLean Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING November 12, 2019
- 2 -
Decision
[1] This is a dispute in which AMAPCEO seeks, among other remedies, a
declaration that Sergeants and Staff Sergeants employed by the Ministry of the Solicitor
General and Youth Services Managers employed by the Ministry of Children,
Community and Social Services are employees within the meaning of the Crown
Employees Collective Bargaining Act and therefore covered by AMAPCEO’s collective
agreement with the Government.
[2] As a preliminary matter AMAPCEO sought disclosure of personal contact
information of affected employees. The Employer objected to such disclosure on
privacy and security grounds.
[3] I heard the submissions of the parties. In my view privacy and security concerns
must be balanced against AMAPCEO’s potential representational interests. The way to
protect both interests, at least as a starting point, is for AMAPCEO to provide the
Employer with unaddressed, sealed and stamped envelopes containing its
communication to affected employees. The Employer is then to address the envelopes
and mail them out to all Sergeants, Staff Sergeants and Youth Services Managers
without disclosing the contact information to AMAPCEO. The Employer is not obligated
to administer undelivered or returned mail. Under this manner of proceeding
AMAPCEO will be able to communicate with potentially affected persons without the
disclosure by the Employer of personal contact information.
[4] AMAPCEO may re-raise the issue of the production of personal contact
information and if it does so I will receive further submissions.
[5] I note that the Employer has advised that it is aware of the right of Sergeants,
Staff Sergeants and Youth Services Managers to participate in union activities and
proceedings before the Grievance Settlement Board without reprisal.
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[6] I am seized of this matter.
Dated at Toronto, Ontario this 26th day of November, 2019.
“Brian McLean”
Brian McLean, Arbitrator