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HomeMy WebLinkAbout2001-0508.Kerna et al.01-11-05 Order ~M~ om~o EA1PLOYES DE LA COURONNE _QJ_L i~~i~~~i~T DE L "ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#0508/01 0509101 UNION#0IB205 01B206 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Kerna et al ) Grievor -and- The Crown In RIght of Ontano (Ontano Human Rights CommIssIOn) Employer BEFORE Damel A. Harns Vice-Chair FOR THE GRIEVOR GavIn Leeb Green & Chercover BarrIsters & SOlICItorS FOR THE EMPLOYER LIsa Compagnone Counsel Legal ServIces Branch Management Board Secretanat HEARING October 29 2001 - 2 - ORDER These matters are gnevances filed by Glona Kerna (GSB# 0508/01) and SheIla Crowe (GSB# 0509101) agaInst the actIOns of the Ontano Human RIghts CommIssIOn In ImpOSIng case closure productIOn quotas The gnevors are InvestIgatIOn Officers At the outset of the heanng on October 29 2001 the Umon sought an Order for the Employer to produce the folloWIng The Performance Appraisals for Mr Edwards, Mr McKInnon and Mr Donon for each of the years they have held management posItIOns sInce Apnl 1 1998 If theIr performance appraisals do not IndIcate the number of cases they are responsIble to ensure are closed In the relevant fiscal year then we request such other and further documentatIOn that IndIcates same Mr Edwards IS the DIrector of the CommIsSIOn. Mr McKInnon and Mr Donon are AssIstant Managers Mr Donon IS the AssIstant Manager wIth responsIbIlIty for dIrect supervISIOn of the gnevors The Umon submItted that the documents sought would establIsh, what, If any case closure quotas have been Imposed on the CommISSIOn. That InfOrmatIOn was said to be arguably relevant to the reasonableness of the quotas Imposed on the gnevors The Employer said that the standards to whIch management mIght be held are Irrelevant to those to whIch the gnevors mIght properly be held. The Umon's request IS for two categones of documents, personal documents relatIng to the performance of the DIrector and the AssIstant Managers or such further or other documents relatIng to theIr responSIbIlItIes to ensure cases are closed. - 3 - The performance appraisals of these managers are and should remaIn, pnvate documents except In extraordInary CIrcumstances Any employee of the Crown would have such a reasonable expectatIOn. The request for the dIsclosure of those documents presupposes the eXIstence of performance standards Imposed on the managers that are akIn to those Imposed upon the gnevors UntIl It IS establIshed that there are such standards, an order for productIOn of such secondary documents as performance appraisals IS at best premature However I agree wIth the submIssIOn of the Umon that the eXIstence of case closure performance standards Imposed upon the managers IS arguably relevant to the Issues before me, IncludIng the reasonableness or otherwIse of the case closure performance standards and the sanctIOns to whIch gnevors may be subJected. AccordIngly the Employer IS ordered to produce any and all documentatIOn In the nature of memoranda, dIrectIves, polIcIes or the lIke that relate to case closure performance standards Imposed on the AssIstant Managers McKInnon and Donon. Any such documents IndIcatIve of standards Imposed on the AssIstant Managers are the most proxImate to those Imposed on the employees who report to them, IncludIng the gnevors They wIll proVIde the comparator sought by the Umon gOIng to the Issue of the reasonableness of the standards and sanctIOns Imposed on the gnevors Dated at Toronto thIS sth day of November 2001 , :\ ,.. ''I Damel A. Harns, Vice-Chair