GSB# 0950/03

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Canadian Union of Public Employees, Local 1750 (Union Grievance)

Grievor

• and -

The Crown in Right of Ontario (Workplace Safety and Insurance Board)

Employer

BEFORE

Marilyn Nairn

Vice-Chair

FOR THE UNION

Ian Thompson Counsel Canadian Union of Public Employees

FOR THE EMPLOYER

Elizabeth Kosmidis Solicitor Workplace Safety and Insurance Board

HEARING

June 20, 2003.

AWARD

This award deals with the issue of whether the persons employed by the Workplace Safety and Insurance Board in the position of Privacy Officer are members of the bargaining unit. The parties are agreed that I have the jurisdiction to hear and determine the matter, including taking into account any relevant legislation.

I heard the parties’ evidence and submissions on June 20, 2003. At the conclusion of the hearing it was agreed that I would issue a “bottom line” decision as quickly as possible, with written reasons for that decision to follow at a later time. This will enable the parties to move ahead in light of any determination at the earliest opportunity.

Having regard to the evidence and representations of the parties, I find that the position of Privacy Officer is a position within the bargaining unit. The five persons currently employed in the position of Privacy Officer are Crown employees within the meaning of the relevant legislation and are included in the bargaining unit by virtue of the language of the recognition clause in the collective agreement.

Reasons for this decision will follow.

Dated at Toronto, Ontario this 3rd day of July, 2003.