GSB# 1357/00

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Policy Grievance)

Grievor

• and -

The Crown in Right of Ontario (Management Board Secretariat)

Employer

• and -

The Ontario Public Service Employees Union and Professional Engineers, Government of Ontario

Intervenor

Intervenor

BEFORE

Paula Knopf

Vice-Chair

FOR THE UNION

Howard Goldblatt and Andrea Bowker Sack Goldblatt Mitchel Barristers and Solicitors

FOR THE EMPLOYER

Mary Gersht and Meredith Brown Counsel Management Board Secretariat

FOR THE INTERVENOR OPSEU

Donald Eady Paliare Roland Rosenberg Rothenstein LLP Barristers and Solicitors

• and - Tim Hadwen Counsel Ontario Public Service Employees Union

FOR THE INTERVENOR PEGO

Ian Cameron and Nancy Grozelle Professional Engineers, Government of Ontario

CONFERENCE CALL

April 7, 2003.

HEARINGS

April 1, 10 and 15, 2003.

Decision

This is a complex matter that will potentially canvass many years of the history of collective bargaining and legislative history concerning the parties involved in these proceedings. Counsel and the parties have endeavored to prepare for the litigation by locating and producing a massive amount of relevant documentary evidence. However, at the outset of the hearing, it became apparent that the hearing would be facilitated by a clear and focused definition of the documentary framework that this case requires. Accordingly, after having heard and considered the submissions of the parties, it is hereby ordered as follows:

I. The parties are to undertake their best efforts to locate and produce the following materials on or before May 16, 2003:

All documents, including all reports, notes, proposals, memoranda, whether electronic or otherwise and all communications whether electronic or otherwise, and all other documents of any kind whatsoever in connection with and in any way related to:

A. The Government of Ontario

1. The preparation of Order-In-Council No. 127/94, 127/94, 243/94 and 563/94, and 563/94 referred to in the recognition clause of the AMAPCEO/Government of Ontario collective agreement, including all documents in respect of the establishment and content of the seven bargaining units, including but not limited to:

(i) the instructions to Ministries respecting preparation of the list of classifications and/or positions and/or employees to be included in the Order-In-Council;

(ii) any lists prepared by all Ministries and MBS in connection with the establishment and content of the seven bargaining units in the Order-In-Council;

(iii) all working documents in connection with the establishment and content of the seven bargaining units in the Order-In-Council;

2. The creation of the ASM classification, including all reports, proposals, memoranda, electronic communications, and all other documents of any kind whatsoever dealing with:

(a) the creation of this classification;

(b) the implementation of the classification;

(c) the transfer of employees into positions in the classification;

(d) the creation of positions in the classification;

(e) job specifications for positions in the classification;

(f) job descriptions for positions in the classification;

(g) job class standards;

(h) salary ranges;

(i) advertisements for all positions; and

(j) lists of incumbents in all ASM positions since the creation of the classification.

3. All employees as defined under the Public Service Act as of March 6, 2003 who are:

i) Not covered by an OPSEU collective agreements;

ii) Not covered by the AMAPCEO collective agreements;

iii) Not covered by the PEGO collective agreements;

iv) Not covered by the ALOC/OACC agreements;

v) Not covered by the OPPA agreements;

vi) Not dentists, architects and physicians employed in their professional capacity;

vii) Not provincial judges;

viii) Not persons employed as labour mediator or labour conciliator;

ix) Not members of the Ontario Provincial Police and public servants who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who are represented by the Ontario Provincial Police Association for purposes of collective bargaining;

x) Not employees of a college of applied arts and technology.

4. The negotiation of the Voluntary Recognition Agreement between AMAPCEO and the Government.

5. The negotiation of the Tripartite Agreement between AMAPCEO, OPSEU and the Government.

6. The negotiation of the first collective agreement between AMAPCEO and the Government of Ontario, specifically in respect of the recognition clause, or any other clause, schedule or appendix addressing the scope of and content of the AMAPCEO bargaining unit.

7. The lists filed by the Government as schedule A to the certification application filed by AMAPCEO in January, 1995.

8. All appendices to the Voluntary Recognition Agreement between AMAPCEO and the Government dated March 23, 1995.

9. The personnel files for the individuals listed in schedule A hereto.

10. The process of CECBA reform pertaining to the creation and the structure of the bargaining units in the period September 1990 to the end of 1996.

11. The process of adding approximately 2000 “wrongly excluded” OPS employees to the six OPSEU bargaining units.

12. The process of identifying inclusions and exclusions to the certification application in respect of the seventh unit and in respect of the Voluntary Recognition Agreement.

13. Any other agreements between OPSEU and the Government of Ontario relating to classifications in the seventh bargaining unit.

14. The process of discussion and negotiation with OPSEU in respect the establishment of the scope and specific content of each of the six bargaining units as described in OIC 127/94, 243/94 and 563/94 and also in any way touching upon the scope and specific content of the seventh bargaining unit.

15. All classification and other grievances filed by OPSEU from January 1, 1994 to March 23, 1995 relating in any way or touching upon classifications in the seventh unit.

16. All applications made by OPSEU from January 1, 1994 to March 23, 1995 under Section 108(2) of the Ontario Labour Relations Act relating in any way or touching upon the seventh bargaining unit.

17. All documents, including working documents concerning AMAPCEO’s application for certification filed January 19, 1995, including all interventions.

B. AMAPCEO

1. All documents related to the creation of Order-In-Council No. 127/94, 127/94, 243/94 and 563/94, and 563/94 in respect of the establishment and content of the seven bargaining units,

2. All documents related to any discussions/exchanges between AMAPCEO and the Government with respect to the creation of the ASM classification and any challenges to the positions therein since the creation of the classification.

3. The negotiation of the Voluntary Recognition Agreement between AMAPCEO and the Government.

4. The negotiation of the Tripartite Agreement between AMAPCEO, OPSEU and the Government.

5. The negotiation of the first collective agreement between AMAPCEO and the Government of Ontario, specifically in respect of the recognition clause, or any other clause, schedule or appendix addressing the scope of and content of the AMAPCEO bargaining unit.

6. Any discussion/exchanges between AMAPCEO and the Government with respect to CECBA reform pertaining to the creation and structure of the bargaining units for the period September 1990 to the end of 1996.

7. Any discussions/exchanges between AMAPCEO and the Government, and AMAPCEO and OPSEU, and any other documents with respect to the process of adding approximately 2000 “wrongfully excluded” OPS employees to the bargaining units.

8. Any discussions/exchanges between AMAPCEO and the Government relating to the process of identifying inclusions and exclusions to the certification application in respect of the seventh unit and in respect of the Voluntary Recognition Agreement.

9. Any other documents in the possession and control of AMAPCEO relating to the classifications in the seventh bargaining unit.

10. AMAPCEO’s application for certification filed January 19, 1995 including all interventions and all working documents leading toward this application.

11. The land surveyors and their inclusion in any bargaining unit, from the process of CECBA reform to one year following the date of Voluntary Recognition with PEGO for land surveyors.

C. OPSEU

1. The negotiation of the Voluntary Recognition Agreement between AMAPCEO and the Government.

2. The negotiation of the Tripartite Agreement between AMAPCEO, OPSEU and the Government.

3. The lists filed by the Government as schedule A to the certification application filed by AMAPCEO in January, 1995.

4. The process of CECBA reform commencing in the period September, 1990 to the end of 1996.

5. The process of adding approximately 2000 “wrongly excluded” OPS employees to the six OPSEU bargaining units.

6. Any other agreements between OPSEU and the Government of Ontario relating to classifications in the seventh bargaining unit.

7. The process of discussion and negotiation with OPSEU in respect the establishment of the scope and specific content of each of the six bargaining units as described in OIC 293/94 and also in any way touching upon the scope and specific content of the seventh bargaining unit.

8. All classification and other grievances filed by OPSEU from January 1, 1994 to March 23, 1995 relating in any way or touching upon classifications in the seventh unit.

9. All applications made by OPSEU from January 1, 1994 to March 23, 1995 under Section 108(2) of the Ontario Labour Relations Act relating in any way or touching upon the seventh bargaining unit.

10. All documents, including working documents concerning AMAPCEO’s application for certification filed January 19, 1995, including all interventions.

11. All documents related to the creation of Order-In-Council No. 127/94, 127/94, 243/94 and 563/94, and 563/94 in respect of the establishment and content of the seven bargaining units,

12. All documents related to any discussions/exchanges between OPSEU and the

Government with respect to the creation of the ASM classification and any challenges to the positions therein since the creation of the classification.

12. Any discussions/exchanges between OPSEU and the Government with respect to CECBA reform pertaining to the creation and structure of the bargaining units for the period September 1990 to the end of 1996.

13. Any other documents in the possession of control of OPSEU relating to the classification in the seventh bargaining unit.

D. PEGO

1. The land surveyors and their inclusion in any bargaining unit, from the process of CECBA reform to one year following the date of Voluntary Recognition with PEGO for land surveyors.

II. It is further ordered that no party shall be permitted to introduce into evidence or rely on any document that has not been produced in accordance with the time limit of May 16, 2003 unless by consent or that party can provide a convincing reason why the document was not produced on time with the utilization of best efforts.

III. In order to facilitate the production process, the hearing date of May 2, 2003 is hereby adjourned.

IV. This hearing shall resume on June 17, 2003. At this time the hearing shall be considered preemptory as against MBS and OPSEU.

Dated at Toronto this 2nd day of May, 2003.

SCHEDULE A

NAME

MIN

AHVENNIEMI

JOHN

NBAY

AITCHISON

ROBERT

MTO

ALVES

DAVID

GUELPH

AMENTA

PETER

CSS

ANDERSON

NANCY

CSS

AYLES

LEON

LAB

BEAUCHAMP

RICHARD

CSS

BERG

RONALD.E

MTO

BIHUN

SUSAN

OTT

BURKART

LYNN

FIN/FRE

CAMPBELL

MILFORD

ENE

CARTER

IAN

ENE/ENV

CORMIER

RONALD

CSS

COUTURE

LAURENT

OTT

CRAIG

WENDY

MNR

CSABAK

DEBORAH

NWONT

CUNNINGHAM

SOPHIA

SGC

DIAMOND-GLEESON

I.

ATG

DOLSON

RONALD

MOH

DOYLE

DANIEL

SGC

DYSON

GREGORY

SGC

ELLIS

DAVID

SGC

FARKAS

ANDREW

SGC

FELDMAN

LISA

SGC

FOULDS

DOUG

SGC

FRENCH

BARBARA

CSS

GILLIAM

S

SGC

GOCH

JOHN

NBAY

HAIST

JOHN

CSS

HAJSANIUK

ANDREW

FIN

HEEREMA

FRED

LAB

HOLLEY

BILL

AGF

HUTCHINGS

WARREN

SUD/NDM

ITENSON

DOREEN

CSS

JARDINE

DIANA

LAB

JOHANSEN

DONNA

LAB

JOHNSTON

KIMBERLEY

PSS

JOHNSTON

PHILLIP

SGC

KAZOKS

RITA

HOU

KENYON

IAN

CTR

LACHANCE

SUZANNE

ATG

LACOURSIERE

GERMAIN

SUD/NDM

LATTY

ERROL

LAB

LEGAULT

MONIQUE

NBAY

LESSEL

PHILIP

SGC

LEVERT

MONIQUE

GUELPH

LITTELL

LINDA

CSS

MACLEOD

CAMERON

CSS

MARTIN

GRAHAM

MBS

MCADAM

JOHN

CSS

MCDONALD

STEPHEN

LAB

MEDEMA

ERIC

MBS/WMN

MEEHAN

KAREN

CSS

MOWATT

WILLIAM

SGC

MROZ

RICHARD

SGC

NICHOLLS

KEN

ENE/ENV

PARACKEL

JOHNSON

NWONT

PEREM

LINDA

MOH

PETTERSEN

JAMES

SGC

PHILLIPS

MICHAEL

PSS

POREDOS

BORIS

MOH

PROVENCHER

MAUREEN

MOH

ROBERT

RYAN

SGC

ROBERTS

MARC

LOND

ROBERTSON

ARLENE

AGF

RODDICK

DALE

CTR

ROUSELLE

LUCILLE

SGC

RUBIN

RITA

MOH

SANGINESI

WANDA

LAB

SAVILLE

DEBORAH

MOH

SCHUTS

CHRISTIAAN

SGC

SEELE

HELMUT

CSS

SINGH

RICK

SGC

STEIN

MARLENE

MOH

TURNER

D

SGC

VELLA

P

CSS

WALLACE-PICCIN

CLAIRE

LOND

WARSH

RONNA

WINDS

WEBER

STACEY

MOH

WEIR

LINDA

CSS