HomeMy WebLinkAbout2007-3984.Mullen.22-05-04 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2007-3984
UNION# 2008-0618-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mullen) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING April 29, 2022 (Conference Call)
- 2 -
Decision
[1] In a grievance dated February 15, 2008, Mr. C. Mullen claimed entitlement to the
Custodial Responsibility Allowance (“CRA”). Mr. Mullen occupied the position of
Grounds/Maintenance Worker at the Cecil Facer Youth Centre (“Cecil Facer”)
when he filed his grievance. In a decision dated May 28, 2021, based on the
material before me relating to Mr. Mullen, I determined that the Union had made
out a prima facie case for entitlement to the CRA based on a best case scenario.
A hearing to determine whether Mr. Mullen was entitled to the CRA is scheduled
for June 3, 2022. In preparation for the hearing, the Union had made certain
production requests that the Employer has opposed. This decision addresses the
production issues in dispute.
[2] The Union had asked the Employer to produce Mr. Mullen’s personnel file and his
pay stubs for the relevant time frame. The Union also asked the Employer to
produce pay stubs for the time when Mr. Mullen worked at the Sudbury Jail. The
Employer has agreed to produce Mr. Mullen’s personnel file. The Employer takes
the position that Mr. Mullen’s pay stubs are not arguably relevant to the issues
raised by his grievance. Although Mr. Bryden made a strong effort to convince me
otherwise, it is my view that the Employer’s position on this production dispute is to
be preferred.
[3] In my view, the primary factual issues concern what position did Mr. Mullen occupy
and what were his duties while in that position. What he was actually paid at the
time he was in the Grounds/Maintenance Worker position is of no particular
relevance. I note as well that Mr. Mullen’s grievance only relates to a claim for
entitlement to the CRA while employed at the Cecil Facer. Whether he was
entitled to the CRA for work he performed while employed at the Sudbury Jail is
beyond the scope of his February 15, 2008 grievance.
[4] Accordingly, the Union’s request for an order directing the Employer to produce
Mr. Mullen’s pay stubs when he was employed at the Cecil Facer and to produce
payroll documentation for the time he worked at the Sudbury Jail is hereby denied.
Dated at Toronto, Ontario this 4th day of May 2022.
“Ken Petryshen”
_____________________
Ken Petryshen, Arbitrator