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HomeMy WebLinkAbout1988-0522.Little.88-11-24 BOARD DES GRIEFS laO DUNDAS 3TREET WES~ TORONTO. ONTARtQ M5G 1Z8- EUt~E 2~ TELEPHONE/TELePHONE 180, RUE DUNDAS OUES~ TORONTO, {ONTARIO) MSG 1Z8. ~UREAU 2100 (41615~-0~8 IN THE MATTER OF AN ARBITRATION Under ~ THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Be'tween: OPSEU (Little) Griever - and - The Crown in Right of Ontario {Ministry of Revenue) Emp]oyeK ., Before: Eric K. S]ofle Chairperson I. Freedman Member A. Merritt Member For the Griever: Pamela Chapman Counsel Gowiing & Henderson Barristers & Solicitors Vor the'Employer:, David Daniels -.- Staff Relat~on~ Officer Personnel Services Branch · Ministry of Revenue HEAP!~]G: October 26, t988 RULING The following Ruiing was delivered orally at th~ hearing, and as promised is being transcribed for the benefit of the parties: This is a job competition case. The Grievor has served a Subpoena 'to obtain production of the files ·from a previous job competition wherein the Grievor and the present incumbent were ·both u~]succeSsful applicants. The Employer has resisted production of this· file on the grounds of relevance. We have heard argument from the Grievor.' s counsel that theories will be advanced tha't could render the findi'ngs in this previous competition relevant. We are not persuaded that some such theory could not succeed, and the Gpievor should have every opportunity prove ~her ·case. It goes without saying that the incumben't 'is fully protected by the process availabl~e to her. The Board accordingly orders the Employer to produce requested dOcuments from that earlier file. Since this panel has heard no evidence it is not seized of this case. .. Dated at Toronto, Ontario this'24th day of November, 1988. F., K. SLON.E~ -~-~ICE- CHAIRPERSON I. FRE~EDMAN'- UNION MEMBER A, MERRiTT - EMPLOYER ~EMBER