HomeMy WebLinkAbout1990-0048.Berlingeri.91-07-3048/91
IN TNB MATTER OF AN ARBITRATION
Under
TBB CRONN EMPLOYEES COLLFCTIVB BARGAINING ACT
Before
TEE GRIEVANCE SBTTLBNNNT BOARD
OPSEU (Berlingeri)
- and -
The Crown in Right of Ontario
(Ministry of Community & Social Services)
BEFORE:
FOR THB
GRIEVOR
Grievor
Employer
M. Gorsky Vice-Chairperson
P. Klym Member
R. Scott Member
H. Law
Grievance Officer
Ontario Public Service Employees Union
FOR THE
NNPLOYBR
C. Samaras
Counsel
Ministry of Community & Social Services
I HEARING: July 5, 1991
-
INTERIM DECISI:ON
The Grievor, Anthony Richard Berlingeri, who is a Correctional
Officer 2 with a position title of Youth Services Officer with the
Ministry of Community and Social Services, filed a grievance on
February 19, 1991, in which he grieved that he had not been awarded
the position of Youth Services Officer, CO2 competition #AD62/90 at
Arrell Observation Youth Centre, and he requested that he be given
that position retroactive to February 6, 1991.
The parties appeared before us in order to request an Order of
the Board directing the Ministry to produce all relevant documents
regarding the job competition in the above-noted m,atter as
specified by the Union in its request of J,une 20, 1991, and any
subsequent appropriate request. The documents requested by th'e
Union are attached to the subpoena duces tec~um issued by .the Board
on July 2, 1991, returnable on July 12, 1991. The documents ar,e
contained in the following letter which was attached to th,e
subpoena:
Dear Ms. Legedza:
Please be advised that the Union requires production o.f
the following documents in preparation for the hearing
scheduled for July 12, 1991 in the above-captioned
matter:
1. The job posting.
2. The position specification.
3. The job applications, with enclosures, of the
grievor and the successful incumbent(s).
-
2
4. Any rating, ranking, reference check and/or
selection documents used and/or completed by the
selection panel.
5. The selection panel's questions (with correct
answers where applicable) and the written answers
of the grievor and the successful incumbent(s).
6. The selection panelists' notes and any other
documents relied upon by the panelists.
7. Any other relevant documents.
Your cooperation is appreciated.
The Board orders the production of the documents referred to
in the above letter. Counsel for the Ministry informed the Board
that the Ministry was not objecting to the production of the
documents but wished to do so in compliance with an order issued by
the Board and in accordance with the request of the parties.
The Board reminded the parties of the direction of the
Chairman dealing with the practice of the Board intended to
faacilitate the granting of orders for production without the
necessity of the parties appearing before a panel of the Board for
that purpose, and of the recent jurisprudence of the Board in
Cheoncl 1895/ 90, dealing with the production of documents.
1.
Dated at Toronto this 30th gay of:*July, 1991.
w _
J. Scot:t - Member