GSB# 1099/01
UNION# 01B341
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (McNaughton)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community, Family and Children’s Services)
Employer
BEFORE
Randi H. Abramsky
Vice-Chair
FOR THE UNION
Caroline V. Jones Paliare Roland Rosenberg Rothenstein LLP Barristers and Solicitors
FOR THE EMPLOYER
Yasmeena Mohamed Counsel Management Board Secretariat
HEARING
July 25, 2003.
ORDER
There has been substantial disclosure and production of documents in this matter. Counsel for the Union has acknowledged that counsel for the Ministry has been most cooperative and forthcoming regarding the production of documents, as has the Ministry.
A question has arisen, however, regarding two documents: (1) a notation made on an October 17, 2001 memo from the grievor regarding references, and (2) a blank reference check document. Counsel for the Union has had an opportunity to review the original documents in the competition file and there are no issues about any other document.
Counsel for the Ministry has agreed to investigate these two documents and to advise counsel for the Union regarding the results of that investigation. If, as a result of this investigation, any further arguably relevant documents which have not previously been disclosed are identified, copies will be provided. Further, counsel is to inquire if the members of the selection panel have any other documents in their possession which are arguably relevant to this grievance and have not yet been produced. If there are such documents, copies will be provided to counsel for the Union. If not, counsel for the Ministry will so advise.
The hearing will be reconvened on October 29, 2003 to address any outstanding issues or preliminary matters. Reasonable notice of any such issues or matters shall be provided to counsel for the other side. If no such issues exist, the hearing on October 29, 2003 will be adjourned and the hearing on the merits will commence on February 9, 2004.
Issued at Toronto this 28th day of July, 2003.