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HomeMy WebLinkAbout2004-3564.Herskovits.07-02-01 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2004-3564 UNION# 2004-0599-0009 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Herskovi ts) - and - The Crown in Right of Ontario (Mini stry of Finance) Barry B. Fisher Nelson Roland Barrister and Solicitor Janice Campbell Counsel Ministry of Government Services January 29, 2007. Union Employer Vice-Chair 2 Decision On December 22, 2006 counsel for OPSEU made a request of counsel for the Ministry of certain documents. We had a hearing on these issues on January 29,2007. This is my ruling. I will use the same numbering system as was used in Mr. Roland's letter to Ms Campbell of December 22,2006. 1. Time Summaries: As a key component of this case is the grievor's allegation that the new guidelines in the PDP relating to the number of audits completed in a year were unfair, I order that the Union be provided with the grievor's Time Summaries for the time covered in the 2003 and 2004 performance review periods. 2. ITAS: As this report shows the number of audits completed by the grievor, I order that the Union be provided with the grievor's ITAS for the time covered in the 2003 and 2004 performance review periods. 3. The grievor wants production of his PDP's and PMCP's for 1999, 2000 an 2001. He has them for the more recent years. I cannot imagine why we need to go back this far given the issues in this case, so I decline to order this item. 4. Minutes ofDAC meetings. At this stage it seems that this is a fishing expedition to try to find something out about how the Ministry came out with these guidelines. Without prejudice to the Union's right to request this at a later time if the Ministry leads evidence as to how they came up with these guidelines, the request is refused. 5. Trends in number of audit files. As this is an individual grievance (granted there are about 84 different individuals with the same grievance) I fail to see how this information will be helpful in deciding whether this performance review system was, for the 2004 review year, discriminatory to this employee. I have already ordered that the relevant data of completed audits for this grievor be produced. This request is denied at this point in the proceeding, without prejudice to the Union's right to request this at a later time if the Ministry leads evidence as to how they came up with these guidelines. 6. Emails re CTAS problems. The grievor will apparently testify that during this period there were computer problems that limited his work output and therefore his number of completed audits. Let us wait to see if the Ministry seeks to contradict the issue of the email problem before we see if this type of production is necessary. 7. Training Presentation. This is relevant and is to be produced. 8. Minutes of Managers meeting. This is another fishing expedition. Request denied. 9. Data on completed audits. Again as I said above, so far this is irrelevant as we do not know whether the Ministry even relied on such data in setting the performance criteria. If they did, then I may revisit this issue, but for now it is denied. 3 This case will proceed as scheduled on February 6, 2007. Dated at Toronto this 1st day of February 2007. :v