GSB# 2003-2729
UNION# OLB412/03
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees’ Union (Christopoulos)
Grievor
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Nimal V. Dissanayake
Vice-Chair
FOR THE UNION
Julia Noble Counsel Ontario Liquor Boards Employees’ Union
FOR THE EMPLOYER
David Spears Heenan, Blaikie Barristers and Solicitors
HEARING
April 16, 2004.
ORDER
The Board is seized with a job competition/promotion grievance dated August 19, 2003 filed by Mr. Nick Christopoulos. The Board has satisfied itself that Ms. Shelley Hutcheson was given proper third-party notice of these proceedings. However, she did not appear at the hearing.
At the commencement of the hearing the union counsel advised the Board that in order to properly prepare the union’s case it needed particulars and disclosure from the employer in a number of areas. She sought an order from the Board that the employer provide such particulars and disclosure to the union.
Having regard to the respective positions advanced by the parties, the Board orally issued an order. This is a written confirmation of that oral order.
The employer is hereby ordered to provide to the union the following particulars/disclosure:
- Completed questionnaire score forms (known as Questionnaire Scoring Guides, or Product Consultant Questionnaires forms, etc.) Produced by all 3 LCBO staff members doing the scoring, for each of:
the grievor
the incumbent
the other 3 applicants who proceeded past step 4 (Questionnaire) in the posting process.
Names and position titles of each of the 3 LCBO staff members who scored/marked the applicants’ Product Consultant Questionnaire forms in this posting process.
A complete copy of the Grievor’s personnel file.
A complete copy of the incumbent’s personnel file.
Copies of any Employer policies or guidelines which were utilized in this posting process.
Copies of the completed Product Consultant Questionnaire forms for each of:
the incumbent
the other 3 applicants who proceeded past step 4 (Questionnaire) in the posting process.
- A copy of the job description for the position that the Grievor held at the time of the posting, namely Customers Service Representative (casual).
The information received by the union pursuant to this order shall be held confidential by the union and shall be used only for the purposes of this proceeding.
As per undertakings made at the hearing, the employer shall comply with the foregoing order, no later than four weeks prior to the next hearing date scheduled. The union shall communicate to the union any issues/positions it relies on in light of the information received, no later than two weeks prior to the next hearing date scheduled.
The hearing will continue as scheduled.
Dated this 19th day of April, 2004 at Toronto, Ontario,