HomeMy WebLinkAbout2014-2549.Wieckowski.15-05-26 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#2014-2549
UNION#2014-0599-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wleckowski) Union
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Peter Chauvin Vice-Chair
FOR THE UNION Lesley Gilchrist
Ontario Public Service Employee Union
Grievance Officer
FOR THE EMPLOYER Cathy Phan
Ministry of Government Services
Labour Practice Group
- 2 -
Decision
[1] The grievance before me essentially alleges that the Employer improperly denied the
grievor the opportunity to move on to the interview stage of a competition. The parties
agree that the Employer will disclose the POSI questions and scoring materials to Union
counsel, subject to certain conditions. Having regard to the agreement of the parties, I
hereby order that the following conditions shall apply to the disclosure of these
materials:
1. No copies of any of the POSI-related material may be made by Union counsel.
The grievors will not be provided with copies, either hard copy or electronic, nor
with the opportunity to copy the material manually;
2. The Employer will provide a witness copy of the above-noted materials for the
hearing;
3. At the end of the arbitration, Union counsel is to return its copies of the POSI-
related material to the Employer;
4. All information about the POSI (the number of questions, the type of questions,
the competencies assessed, and the scoring protocols) are not to be
communicated outside of the arbitration process;
5. The specific questions in the POSI will be excluded from the arbitrator's written
decision and the questions only be referred to generically.
6. In the event that the Union or the Employer requests or requires a variation on
any of the above conditions, the request or requirement will be brought before
Vice Chair Chauvin, who will make an order on the matter. Both parties will await
such an order prior to enacting any variation.
7. Nothing in paragraphs 1-5 is intending to limit the discretion of the Vice Chair in
making an order according to paragraph 6.
Dated at Toronto, Ontario this 26th day of May 2015.
Peter Chauvin, Vice-Chair