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HomeMy WebLinkAbout2016-1481.Burns.17-06-08 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#2016-1481 UNION#2016-0546-0017 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Burns) Union - and - The Crown in Right of Ontario (Ministry of Labour) Employer BEFORE Ian Anderson Vice-Chair FOR THE UNION Andrew Mindszenthy Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Henry Huang Treasury Board Secretariat Legal Services Branch Counsel HEARING June 6, 2017 - 2 - Decision [1] This is a job posting grievance. The Grievor was screened out. He alleges the process was unfair. The Employer disagrees. The process used lies within the knowledge of the Employer. [2] This grievance is subject to Article 22.16. Article 22.16 provides that grievances will be referred to a single mediator/arbitrator for resolution in an expeditious and informal matter. The decisions reached are of no precedential value unless the parties agree otherwise. Article 22.16.2 states: The mediator/arbitrator shall endeavour to assist the parties to settle the grievance by mediation. If the parties are unable to settle the grievance by mediation, the mediator/arbitrator shall determine the grievance by arbitration. When determining the grievance by arbitration, the mediator/arbitrator may limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate. The mediator/arbitrator shall give a succinct decision within five (5) days after completing proceedings, unless the parties agree otherwise. [3] Attempts to resolve this matter by mediation were unsuccessful. [4] Exchange of particulars and production had not been completed prior to the mediation day. Having regard to the representations of counsel as to the appropriate manner of proceeding, I direct as follows: (i) The Employer is to provide the Union with full particulars in support of its contention that the hiring process was fair. At the same time, the Employer is to: (a) produce to the Union all the documents upon which the Employer intends to rely in support of its position; (b) produce, to the extent that it does not object, all the documents which the Union has requested be produced; (c) describe, and if practical list, any documents which it objects to producing and provide the basis of its objection for each such document or category of documents. (ii) The Union is to provide the Employer with full particulars in support of its contention that the hiring process was unfair. At the same time the Union is to produce to the Employer all documents upon which it intends to rely in support of its position. (iii) The Employer shall provide the Union with any additional particulars or documents upon which it intends to rely in reply to the Union’s position. (iv) The parties are directed to endeavour to agree upon material facts for the purpose of the hearing of this matter through out this process. The particulars provided by the parties may be used for this purpose if they - 3 - agree. Particulars and production are to be exchanged as soon as reasonably possible and in any event prior to the hearing of this matter. (v) A pre-hearing case management conference will be held by conference call at the request of either party. (vi) The hearing of this matter will be completed in one day unless the Board orders otherwise prior to the day of the hearing. The Employer will have three hours for presentation of its case; the Union will have three hours for presentation of its case. These time allocations are inclusive of any evidence with respect to disputed facts. Dated at Toronto, Ontario this 8th day of June 2017. Ian Anderson, Vice-Chair