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

Michael Mitchell Sack Goldblatt Mitchell Barristers and Solicitors

FOR THE EMPLOYER

David Strang and Mary-Pat Moore Counsel Management Board Secretariat

HEARING

March 29, 2004.

Decision

Pursuant to an order of this board dated December 19, 2003, the employer provided to the union information about people engaged by the Ministry of Health who are not formally classified as public servants. Included in this package was a brief description of the work performed. In a document provided to the employer on March 24, 2004, the association used the designations “y”, “x” and “?” to designate respectively persons claimed as members of its bargaining unit, persons not so claimed and person about whom additional information was required. In most cases, such information relates to the nature of the work performed as indicated by the notation “job specs.”

The association seeks a further order relating to individuals with a designation of “y” or “?” and a notation relating to “job specs.” For these individuals, the employer is ordered to produce to the association by April 26, 2004:

· any contract or secondment agreement for an individual, and

· if such a contract or agreement does not exist or does not describe the work performed by an individual, a job specification or any other document containing a description of this work

Such documents need not be provided for any individual whom the employer concedes should be treated as a member of the bargaining unit.

In the event there is no existing document describing a person’s work, the employer undertakes, where appropriate, to prepare a fuller description than the one already provided.

Dated at Toronto this 29th day of March 2004.