HomeMy WebLinkAbout2014-3302.Lupiani.17-05-23 Decision
Crown 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#2014-3302, 2014-5003, 2015-0855, 2015-3074, 2016-0998, 2016-0999
UNION#2014-0542-0018, 2014-0542-0028, 2015-0542-0007, 2016-0542-0003,
2016-0542-0012, 2016-0542-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lupiani) Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Susan Munn
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 15, 2017
- 2 -
Decision
[1] The Board is seized with a number of related grievances filed by Ms. Nancy
Lupiani (“grievor”). When the Board convened on May 5, 2017, the parties
addressed certain issues in preparation for a hearing scheduled to continue on
multiple days.
[2] The first issue was about consolidation of additional grievances. The union
requested that two additional grievances filed by the grievor be consolidated
with the instant grievances. Those grievances have been referred to
arbitration and assigned Board file numbers 2017-0225 and 2017-0226
respectively. The union requested further that four more related grievances
filed by the grievor, but not yet referred to the Board for arbitration, be also
consolidated with the grievances presently before the Board.
[3] The second issue was a request by the union for an order for production by
the employer of the following:
(a) An order that the employer produce to union counsel, any and all
documentation relating to the WDHP complaint filed by the grievor and the
investigation into that complaint, and that the production be made by the end
of the business day May 16, 2017.
(b) An order that the employer make production to union counsel, all
documents relevant to the subject matter of the grievor’s grievances presently
seized by the Board as well as those sought to be consolidated, and that
production be completed by the end of the business day on June 2, 2017.
[4] Having regard to the position of the respective parties, the Board orally
granted the orders requested, with the conditions that the order for
consolidation is subject to the union duly referring to arbitration, those
grievances not yet before the Board. The Board also directed that the
timelines for compliance with the order for production may be changed by
agreement. Those orders are hereby confirmed.
- 3 -
[5] The Board remains seized and this proceeding with continue as scheduled.
Dated at Toronto, Ontario this 23rd day of May 2017.
Nimal Dissanayake, Vice-Chair