HomeMy WebLinkAbout1999-1660.Policy Grievance.00-03-20 DecisionONTARIOEMPLOYÉS DE LA COURONNE
CROWN EMPLOYEESDE L’ONTARIO
GRIEVANCECOMMISSION DE
SETTLEMENTRÈGLEMENT
BOARDDES GRIEFS
180 DUNDAS STREET WEST, SUITE 600, TORONTO ON M5G 1Z8TELEPHONE/TÉLEPHONE,(416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G IZ8FACSIMILE/TELECOPIE:(416) 326-1396
GSB # 1660/99
OLBEU # OLB415/99
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees Union
(Policy Grievance)
Grievor
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFORE Nimal V. DissanayakeVice Chair
FOR THE Julia Noble
GRIEVOR Counsel
Ontario Liquor Boards Employees' Union
FOR THE Alison Renton
EMPLOYERCounsel
Legal Services Branch
Liquor Control Board of Ontario
HEARING March 17, 2000
ORDER
The Board is seized with a union/policy grievance dated
November 24, 1999 alleging violations of the Letter of Agreement
on Permanent Vacancy Review.
At the commencement of the hearing certain issues arose
between the parties relating to disclosure and particulars. By
letter dated February 23, 2000, union counsel had sought
disclosure of certain documents and information. The employer
did not object to the request. It provided a package of
documents to the union in an attempt to comply with the request.
At the hearing the union took the position that it needed
more information than had been provided and gave reasons as to
why it believed that additional information should be available
to the employer. Employer counsel undertook to seek out the
additional information sought by the union. She did not object
to an order issuing from the Board for disclosure. In addition,
rather than sort out which documents and information had already
been disclosed and which had not, the parties agreed that it
would be convenient to include all of the material initially
requested by the union, in the Board order. The union, in turn,
did not object to an order issuing that the union comply with
the employer=s request that the union inform the employer whether
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or not it was pursuing the position in this grievance that the
employer had failed to post the appropriate number of vacancies
in 1999 as required by the Permanent Vacancy Review Letter of
Agreement.
Having regard to the foregoing it is ordered as follows.
(A)The employer shall provide to the union the
following documents and information:
1.Particulars of the LCBO=s position, including
the names of any witnesses it expects to call
and details of their anticipated evidence;
2.Copies of any documents upon which the LCBO
intends to rely;
3.Detailed particulars concerning the permanent
full time vacancies posted and filed by the
LCBO pursuant to the Letter of Agreement on
PVR in 1999 including but not limited to:
a)the number of permanent full-time
(PFT) vacancies posted and filed by
the LCBO in 1999 pursuant to PVR
throughout the LCBO=s operations, and
in which Region and/or work area
they were posted;
b)the dates that each PFT vacancy which
was determined to exist pursuant to
PVR, was posted in 1999, with copies
of the postings, and the titles of
the positions posted;
c)the date that each of the PFT
vacancies determined to exist
pursuant to PVR, was filed by the
LCBO in 1999, with the name of the
employee who filed each vacancy, and
particulars of each of these
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employee=s employment status prior to
filing the job vacancy in question;
please provide documentary evidence
of the employees who were appointed
and their appointment dates;
4.Copies of any notes made by, or statements
given by, individuals who will appear as
witnesses for the employer as well as any
other documents relating to this matter which
are not subject to solicitor/client
privilege.
The employer shall make its best efforts to
provide the foregoing on or before Monday April 10,
2000 and shall in any case comply no later than 12
noon on Thursday April 13, 2000.
(B)The union shall, within two weeks of its
receipt of the disclosure set out in (A)
above, advise the employer in writing whether
or not it was pursuing its claim in the
instant grievance, that the employer had
failed to post the appropriate number of
vacancies in 1999 as required by the
Permanent Vacancy Review Letter of Agreement.
I remain seized of the grievance pending scheduling of
additional hearing dates
Dated at Toronto, this 20th day of March, 2000.
Nimal V. Dissanayake, Vice-Chair