GSB# 2002-1928

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

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

Grievor

• and -

The Crown in Right of Ontario (Management Board Secretariat)

Employer

BEFORE

Richard Brown

Vice-Chair

FOR THE UNION

Andrea Bowker Sack Goldblatt Mitchell Barristers and Solicitors

FOR THE EMPLOYER

David Strang, Acting Associate Director & Mary Pat Moore, Counsel Management Board Secretariat

HEARING

January 22, 2004.

Decision

AMAPCEO applied for further disclosure from the employer relating to persons working in the area of information technology (IT) or in the Shared Services Bureau (SSB) at Management Board Secretariat. Based upon the formal submissions of the parties and informal discussions with them, I make the following direction:

1. The employer shall provide its position as to whether each person claimed by AMAPCEO is performing “AMAPCEO-type” work (including whether the employer considers the work to be “excluded-type” work) and, if the employer’s position is that the person is not, why not;
2. The “why not” is to include the facts that the employer relies on to justify its position;
3. Where the person’s contract is for a definite term that has expired or is about to expire, the employer shall indicate what the status of the person is and whether the work performed by that person is being performed or will continue to be performed by someone who is not a public servant
4. The foregoing information shall be provided by February 27, 2004 for IT and by March 5, 2004 for SSB.

Dated at Toronto this 27th day of January 2004.