HomeMy WebLinkAbout2023-03004.Turner.24-07-26 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# 2023-03004
UNION# 2023-0504-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Turner) Union
- and -
The Crown in Right of Ontario
(Ministry of Health) Employer
BEFORE Sarah Atkinson Arbitrator
FOR THE UNION Sarah Mikhaiel
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Alana Bujeya
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 25, 2024
-2 -
Decision
[1] This is a grievance in which the Union alleges that the Employer violated the
collective agreement by awarding a particular job to a candidate other than the
Grievor. The parties appeared before me in this matter on July 24, 2024.
[2] Based on the submissions made before me, I hereby direct the following:
1. On or before November 1, 2024, the Employer is required to provide to the
Union the documents that it agrees are arguably relevant to the issues to be
decided in this case. Such production is subject to the following:
a. The documents to be produced may be redacted to remove the personal
information regarding other candidates for the position in question, other
than the candidates’ names.
b. The documents produced are subject to the implied undertaking, always
present in labour arbitration, that they will only be used for the purpose of
the proceeding in which they are produced.
c. The Union will destroy the documents produced following the conclusion
of the proceeding.
2. Any outstanding disputes regarding the scope of production that remain after
the Employer has complied with the above direction may be referred to me
for determination.
3. The Union will provide the employer with particulars of the grievance on or
before January 13, 2025.
Dated at Toronto, Ontario this 26th day of July 2024.
“Sarah Atkinson”
Sarah Atkinson, Arbitrator