GSB# 2003-0247

UNION# 2003-0701-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lauzon)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Loretta Mikus

Vice-Chair

FOR THE UNION

Mary Mackinnon Barrister and Solicitor

FOR THE EMPLOYER

George Parris Counsel Ministry of Government Services

CONFERENCE CALL

December 15, 2005.

Decision

At a teleconference call on December 15, 2005, the Union raised two issues for resolution, one being the order of the proceedings, the other the disclosure of particulars. A ruling with regard to the first issue was released earlier and this ruling deals exclusively with the issue of disclosure.

The Union is seeking the following:

1. particulars of the investigation by Janet Myers concerning changes to the workstation to accommodate Mr. Lauzon in a Claims Assessor position with the Ministry of Health; including discussions with Manulife;

2. copies of all correspondence, emails, notes, memos and any other documents relating to the employer's investigation of the possible accommodation in the Claims Assessor position;

3. copies of the position descriptions, physical demands analyses, and job information packages, for the positions of a) senior client representative; b) ombudsman representative; c) support specialist;

4. any documentation, memos, notes etc relating to the employer's decision not to provide any of the three positions identified in #3 to the grievor;

5. position descriptions, physical demands analyses, job information packages, and any documentation, notes, memos, correspondence and/or emails relating to the grievor's applications for and the employer's denial of specific positions 1-13 [listed in December 14, 2005 letter].

6. lists of cleared vacancies for the OPS for Thunder Bay from October 24, 2002 to present, along with job information packages for these vacancies.

Having considered the submissions of the parties I am of the view all of the information sought by the Union is arguably relevant and should be exchanged prior to the next day of mediation on May 8, 2006.

Dated this 20^th^ day of March, 2006.