GSB # 1660/99
OLBEU # OLB415/99
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees Union
(Policy Grievance)
Grievor
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFORE Nimal V. Dissanayake Vice Chair
FOR THE Julia Noble
GRIEVOR Counsel Ontario Liquor Boards Employees' Union
FOR THE Alison Renton
EMPLOYER Counsel Legal Services Branch Liquor Control Board of Ontario
HEARING March 17, 2000
ORDER
The Board is seized with a union/policy grievance dated November 24, 1999 alleging violations of the Letter of Agreement on Permanent Vacancy Review.
At the commencement of the hearing certain issues arose between the parties relating to disclosure and particulars. By letter dated February 23, 2000, union counsel had sought disclosure of certain documents and information. The employer did not object to the request. It provided a package of documents to the union in an attempt to comply with the request.
At the hearing the union took the position that it needed more information than had been provided and gave reasons as to why it believed that additional information should be available to the employer. Employer counsel undertook to seek out the additional information sought by the union. She did not object to an order issuing from the Board for disclosure. In addition, rather than sort out which documents and information had already been disclosed and which had not, the parties agreed that it would be convenient to include all of the material initially requested by the union, in the Board order. The union, in turn, did not object to an order issuing that the union comply with the employers request that the union inform the employer whether or not it was pursuing the position in this grievance that the employer had failed to post the appropriate number of vacancies in 1999 as required by the Permanent Vacancy Review Letter of Agreement.
Having regard to the foregoing it is ordered as follows.
(A) The employer shall provide to the union the following documents and information:
Particulars of the LCBOs position, including the names of any witnesses it expects to call and details of their anticipated evidence;
Copies of any documents upon which the LCBO intends to rely;
Detailed particulars concerning the permanent full time vacancies posted and filed by the LCBO pursuant to the Letter of Agreement on PVR in 1999 including but not limited to:
a) the number of permanent full-time (PFT) vacancies posted and filed by the LCBO in 1999 pursuant to PVR throughout the LCBOs operations, and in which Region and/or work area they were posted;
b) the dates that each PFT vacancy which was determined to exist pursuant to PVR, was posted in 1999, with copies of the postings, and the titles of the positions posted;
c) the date that each of the PFT vacancies determined to exist pursuant to PVR, was filed by the LCBO in 1999, with the name of the employee who filed each vacancy, and particulars of each of these employees employment status prior to filing the job vacancy in question; please provide documentary evidence of the employees who were appointed and their appointment dates;
- Copies of any notes made by, or statements given by, individuals who will appear as witnesses for the employer as well as any other documents relating to this matter which are not subject to solicitor/client privilege.
The employer shall make its best efforts to provide the foregoing on or before Monday April 10, 2000 and shall in any case comply no later than 12 noon on Thursday April 13, 2000.
(B) The union shall, within two weeks of its receipt of the disclosure set out in (A) above, advise the employer in writing whether or not it was pursuing its claim in the instant grievance, that the employer had failed to post the appropriate number of vacancies in 1999 as required by the Permanent Vacancy Review Letter of Agreement.
I remain seized of the grievance pending scheduling of additional hearing dates
Dated at Toronto, this 20th day of March, 2000.