HomeMy WebLinkAbout2021-1322.Sutton.2023-04-04 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB#2021-1322
UNION#21-75
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Canadian Union of Public Employees - Local 1750
(Sutton) Union
- and -
The Crown in Right of Ontario
(Workplace Safety and Insurance Board) Employer
BEFORE Randi H. Abramsky Arbitrator
FOR THE UNION Ryan Culpepper
Canadian Union of Public Employees -
Local 1750
National Representative
FOR THE EMPLOYER Jozef Hadlaw-Murray
Shields O’Donnell MacKillop LLP
Counsel
SUBMISSIONS February 22, 2023, March 31, 2023 and
April 3, 2023
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Decision
[1] The parties agree that I have been appointed to hear this matter and have
jurisdiction to make a determination in this case.
[2] The WSIB requests that an order for production and particulars be made for the
following items:
a) any and all documents in the possession, power or control of the
Union relevant to the matters at issue, including, but not limited to,
those on which the Union intends to rely at the hearing;
b) Any and all documents in the possession, possession or control of
the grievor relevant to the matter at issue, including, but not limited
to, those on which the Union intends to rely at the hearing;
[3] Without limiting the generality of the foregoing, the following specific documents
relevant to the matters in issue:
i) Any and all offers of employment or employment contracts entered
into following the grievor’s termination of employment with the
Employer.
ii) Any and all documents related to the grievor’s current employment
(if any), including, but not limited to, the current terms and
conditions of her employment.
iii) The grievor’s Notices of Assessment and any applicable T4s since
her dismissal.
iv) Any and all documents related to the summer camp the grievor’s
children were registered in that led to her flex work arrangement
request, including the applicable pickup and drop-off schedule and
the duration of the camp.
v) Any and all documents related to the grievor emailing confidential
information to her personal email address, and copies of all such
emails.
[4] The specific provisions of the Collective Agreement alleged to have been
breached.
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[5] The material facts by which the Union alleges the Employer has breached Articles
12 and 13 Collective Agreement – that is, how the collective agreement was
allegedly violated.
[6] The remedy the Union seeks at arbitration.
[7] The explanation the grievor intends to provide for why she emailed confidential
client information to her personal email address.
[8] The names of the other Case Manager trainees referenced in the grievor’s letter,
dated July 8, 2021, that were subject to differential treatment and the full
particulars of such alleged differential treatment.
[9] The basis for which the grievor alleges the training schedule and/or program was
not adhered to, or inadequate.
[10] I direct that the production and particulars must be delivered by no later than the
end of day on Friday, April 14, 2023.
[11] I remain seized of this matter.
Dated at Toronto, Ontario this 4th day of April 2023.
“Randi H. Abramsky”
Randi H. Abramsky, Arbitrator