GSB# 2002-0451

UNION# OLB166/02

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Liquor Control Boards Employees’ Union (McClinton)

Grievor

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Ernest Schirru Koskie Minsky Barristers and Solicitors

FOR THE EMPLOYER

Gordon Fitzgerald Counsel Liquor Control Board of Ontario

HEARING

November 24, 2003.

INTERIM BOARD ORDER

Union counsel requested that I issue a production order for certain documents and records in the control of the employer. The parties did not dispute that I have the jurisdiction to issue such an order. Having considered the submissions of counsel in this matter, it is my view that the documents sought by the union may be relevant to the issues before me.

Accordingly, I hereby direct the employer to produce the following:

1. The attendance cards for all seasonal and casual employees, with seniority equal to or lesser than the grievor, employed between December, 2001, and June 12, 2002;

2. The job descriptions/physical demands analysis (pda) for the jobs performed at the Durham warehouse;

3. The weekly schedules and any amendments thereto (if existing) for the period December, 2001, to June 12, 2002, which identify the employee assignments at the Durham warehouse and any other documents that would identify employee assignments during this time period at the Durham warehouse;

4. Any documentation, if existing, showing temporary employee assignments for the period December, 2001, to June 12, 2002;

5. Any call in sheets for the period December, 2001, to July, 2002.

Counsel for the employer is to provide the documents referred to in paragraphs one and two above to counsel for the union on or before the close of business on December 19, 2003. Counsel for the employer is to make the documents referred to in the remaining paragraphs available for review by counsel for the union by December 19, 2003. The review of the documents shall take place at the Durham warehouse at a time to be agreed upon by the parties.

Unless the parties otherwise agree, these documents and files will be kept confidential by counsel for the union and utilized solely for the purposes of this proceeding.

Dated at Toronto this 26^th day of November, 2003.