HomeMy WebLinkAbout2011-2278.Louie.14-05-02 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#2011-2278, 2011-2279, 2011-2876, 2012-0517
UNION#2011-0502-0045, 2011-0502-0046, 2011-0502-0062, 2012-0503-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Louie/Morton) Union
- and -
The Crown in Right of Ontario
(Ministry of Energy) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Debra Newell
Paliare Roland Rosenberg Rothstein LLP
Counsel
FOR THE EMPLOYER Paul Meier
Ministry of Government Services
Legal Services Branch
Counsel
CONFERENCE CALL April 30, 2014
- 2 -
Decision
[1] The two grievors in this case are claiming that the Ministry has violated the collective
agreement in the manner in which it exercised it’s management rights in deciding to
surplus the grievors. They claim that management has acted in an arbitrary,
discriminatory and bad faith manner.
[2] At the hearing scheduled to deal with this matter, some issues arose with regard to
disclosure. There were disclosure requests made by both parties. At the time it appeared
that the parties would be able to work out the exchange of particulars and documents.
However, difficulties arose and it was necessary to schedule a conference call to deal
with some outstanding issues.
[3] There is no dispute that the test for disclosure is arguable relevance. After having
considered the submissions of counsel made during the conference call, I hereby direct
the Ministry to produce:
[4] Any notes, emails, memos, letters or any other documentation pertaining to:
1. The request/posting of the 20PEC positions;
2. The elimination of the grievor’s positions; and
3. Any discussions, meetings or interactions between Mr. Michael Stewart and
Mr. Alex Killoch or between Mr. John Whitehead and Mr. Killoch with regard to
the decision to eliminate the two OPSEU positions held by the grievors.
[5] Any information and/or documents disclosed pursuant to this order are to be utilized only
for the purposes of this case.
[6] This case shall continue on May 13, 2014. I am seized in this matter.
Dated at Toronto this 2nd day of May 2014.
Janice Johnson, Vice-Chair