Loading...
HomeMy WebLinkAbout2011-3795.Osborne.13-04-12 DecisionCrown 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#2011-3795 UNION#2011-0605-0008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Osborne) Union - and - The Crown in Right of Ontario (Ministry of Natural Resources) Employer BEFORE Ken Petryshen Vice-Chair FOR THE UNION Jane Letton Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE EMPLOYER Paul Meier Ministry of Government Services Labour Practice Group Counsel CONFERENCE CALL April 10, 2013. - 2 - Decision [1] The grievance before me dated November 28, 2011, filed by Mr. A. Osborne, claims that the Employer’s decision to lay him off contravenes the Collective Agreement. The hearing of this grievance is scheduled to commence on April 16, 2013. The Employer has denied the Union’s request to produce a Communications Review report prepared by Mr. D. Ayotte. This report contains fifteen recommendations concerning the communications function. During a conference call held on April 10, 2013, counsel addressed the issue of whether I should direct the Employer to produce the report to the Union. [2] After hearing from counsel, I advised them that the circumstances did not warrant a direction to the Employer to produce the report to the Union. Notwithstanding the submissions of Union counsel, I determined that the report is not arguably relevant to the issues in this proceeding. I came to this conclusion having regard to the nature of the report, the timing of events and the fact that the decision maker in this instance was unaware of the report at the relevant time. [3] I advised counsel that the Union may revisit this issue if the evidence at the hearing demonstrates that the report has some relevance to the issues in dispute between the parties. Dated at Toronto this 12th day of April 2013. Ken Petryshen, Vice-Chair