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)

Association

and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

Richard Brown

Vice-Chair

FOR THE UNION

Michael Mitchell Sack Goldblatt Mitchell LLP Barristers and Solicitors

FOR THE EMPLOYER

David Strang, Senior Counsel Janice Campbell, Counsel Ministry of Government Services

HEARING

May 7, 2007.

Decision

The Association requests production of the materials, listed in the attached letter dated April 16, 2007, relating to education officers in the Ministry of Education. Also sought are materials, listed in the attached letter dated April 19, 2007, relating to consultants in the Government Services Delivery Cluster at the Ministry of Government Services. These requests are granted on condition such materials be used exclusively for the purpose of this proceeding and be seen and handled only by counsel, representatives of the Association, associated support staff, potential witnesses and others involved in the litigation process.

Dated at Toronto this 9^th day of May 2007

April 16, 2007

Mr. David Strang Ministry of the Attorney General Management Board Secretariat Legal Services Branch 2nd Floor, Room 228 - Frost Bldg. South 2 Queen's Park Cres. East Toronto, ON M7A 1Z5

Dear Mr. Strang:

AMAPCEO and Crown in Right of Ontario (MGS); GSB #2002-1928 (Educational Officers Litigation)

In preparation for the Education Officers litigation, scheduled to commence May 22, 2007, please consider this letter as constituting a request/demand for particulars and the pre-hearing production of any and all relevant documents in the possession or control of the Employer.

Without limiting the generality of the foregoing, please provide us with copies of all documentation upon which the Employer intends to rely at the arbitration hearing, and, in addition, with copies of the following documents and material:

organizational charts for all branches/units/divisions of the Ministry of Education, in which either AMAPCEO bargaining unit PED21 employees are employed or in which any of the 129 individuals, who perform PED21 work and who were listed by the Employer in its disclosure dated December 4, 2006, are performing work. Organizational charts to show all individuals including managers with notes on bargaining unit status or employee group, and classification and employee status of all individuals in the unit including non-Education Officers. Organizational charts to include all individuals that the government does not consider employees but whose presence is regularly required in the workplace, (secondees, fee for service consultants, temps and all others);

documents relating to the determinations concerning the number of AMAPCEO bargaining unit PED21 employees required, the number of "secondees" needed to perform PED21 work, financial allotments and/or the proportion of employees versus secondees, for the period commencing January 1, 2005 and onward;

copies of job specifications/descriptions for all AMAPCEO bargaining unit Education Officers and Student Achievement Officers, and for all of the 129 individuals who perform PED21 work and who were listed by the Employer in its disclosure dated December 4, 2006, along with particulars as to which job specifications/descriptions cover the work of which individuals.

In addition, for each of the individuals appearing on the attached list, the Association seeks production of the following documents and material:

all documentation either created by, received by, or sent by, the listed individuals during the three-month period immediately preceding December 4, 2006. Without limiting the generality of the foregoing, this includes all letter and email correspondence as well as any work product such as reports, memoranda, proposals or presentations;

calendars including electronic calendars and/or agendas for the listed individuals during the three-month period immediately preceding December 4, 2006;

minutes from all meetings attended by the listed individuals during the three-month period immediately preceding December 4, 2006;

all performance reviews, appraisals or development plans created for or by each of the listed individuals during his or her engagement by the Ministry of Education;

all timesheets and time records for each listed individual during the three-month period immediately preceding December 4, 2006;

all documents received or sent to organizations outside the Ministry (such as school boards, councils or centres) for each of the listed individuals during his or her engagement by the Ministry of Education;

all job postings, advertisements or other documents leading to the engagement of the listed individuals by the Ministry of Education;

all payroll or other financial documents showing any payment made to (or indirectly to or on behalf of) the listed individuals, including payments made for wages, premiums, and allowances for the three-month period immediately preceding December 4, 2006;

all communications between the Government of Ontario, Ministry of Education or other Ministry, and the purported "home" organization for each of the listed individuals, for the period leading up to his or her engagement by the Ministry of Education to the present, and all documents between the Government of Ontario, Ministry of Education or other Ministry, and each individual listed, for the period leading up to his or her engagement by the Ministry of Education to the present. Without limiting the generality of the foregoing, this includes all emails, letters, faxes, financial transaction paperwork, and any associated documents.

In addition, the Association requests particulars as to the nature of the employment for each of the listed individuals with organizations outside the Ministry (such as school boards, councils or centres) for the three years prior to his or her engagement by the Ministry of Education. The Association seeks, inter alia, particulars as to the each individual's position, the length of his or her tenure in that position, as well as hours of work, vacation allotment, salary, other benefits, and, where applicable, date of retirement or anticipated date of retirement.

Obviously, the disclosure and particulars requested above will not be required if the parties are able to reach an agreed statement of fact. Both parties had indicated to the mediator/arbitrator that, if possible, proceeding by way of an agreed statement of fact would be preferable. However, we provided you with a copy of the Association's proposed statement of fact on April 5, 2007, and have yet to receive a copy of the Employer's proposal.

In order to properly prepare for the arbitration hearing in this matter, we require either confirmation on the text of an agreed upon statement of fact, or receipt of all the above material, on or before May 8, 2007. If your client is not prepared to agree to this request, please advise us as soon as possible, so that we may contact the Arbitrator and seek an appropriate order.

The Association expressly reserves the right to request further particulars/production, as may be required.

Sincerely,

C. Michael Mitchell

CMM:ph

cope 343

Encl.

c.c.

Mr. R. Brown

Mr. M. Hill

F:\DOC\AMAP\02-1012\00106904.DOC

April 19, 2007

Mr. David Strang Ministry of Attorney General Legal Services Branch 2nd Floor, Room 228, Frost Bldg. South 2 Queen's Park Cres. East Toronto, ON M7A 1Z5

Dear Mr. Strang:

RE:

AMAPCEO and Crown in Right of Ontario (MGS); GSB #2002-1928 (Government Services Delivery Cluster)

As agreed in our discussion at the GSB on Tuesday, April 17, 2007, we are providing herein a request/demand for particulars and pre-hearing production concerning the Government Services Delivery Cluster ("GSDC"), and in particular with respect to the following fifteen positions from the list of positions previously produced by the Employer: 4, 10, 15, 23, 32, 36, 43, 44, 47, 60, 62, 63 , 65 and 66.

Please provide us with production of any and all relevant documents in the possession or control of the Employer, on which the Employer would be relying at an arbitration hearing in respect of the above-noted positions, and, in addition, with copies of the following documents and material:

documents relating to the allotment and any restrictions on the number of full-time employees in the GSDC, (FTE’s) and any documents concerning the number of employees required, the number of consultants, financial allotments and/or the proportion of employees versus consultants, for the period commencing January 1, 2005 and onward;

copies of job specifications/descriptions for all the individuals in the 15 positions noted above, along with particulars as to which job specifications/descriptions cover the work of which individuals;

copies of the OPSEU class standards for the SO Series;

copies of all OPSEU BUI settlements for the GSDC from January 1, 2005 onwards;

documentation on all FFS to FTE conversions in the cluster from January1, 2005 onwards;

procurement Directives relating to the acquisition of I and IT consulting services and all procurement manuals/guidelines etc. relating to said procurement;

FFS to FTE conversion toolkit for I and IT.

In addition, for each of the 15 positions noted above, the Association seeks production of the following documents and material:

all documentation either created by, received by, or sent by, the listed individuals during the three-month period immediately preceding March 16, 2007. Without limiting the generality of the foregoing, this includes all letter and email correspondence as well as any work product such as reports, memoranda, proposals or presentations;

calendars including electronic calendars and/or agendas for the listed individuals during the three-month period immediately preceding March 16, 2007;

minutes from all meetings attended by the listed individuals during the three-month period immediately preceding March 16, 2007;

all timesheets and time records for each listed individual during the three-month period immediately preceding March 16, 2007;

all the documents set out in 1. through 5. above for the first thirty working days of their engagement by the Government of Ontario;

consulting Agreements and the Statement of work Agreements for each individual;

all Vendor of Record Master Agreements, Service Level Agreements and all other agreements for each firm providing these individuals;

all payroll or other financial documents showing any payment made to (or indirectly to or on behalf of) the listed individuals, including payments made for wages, premiums, and allowances for the three-month period immediately preceding March 16, 2007 and in thirty working days commencing with their engagement by the Government of Ontario;

all communications between the Government of Ontario, or a particular Ministry, and the purported consulting firms for each of the listed individuals, for the period leading up to his or her work with GSDC to the present, and all documents between the Government of Ontario, or particular Ministry, and each individual listed, for the period leading up to his or her work with the GSDC to the present. Without limiting the generality of the foregoing, this includes all emails, letters, faxes, financial transaction paperwork, and any associated documents.

As agreed, we expect receipt of the above-noted documents no later than April 30, 2007.

The Association expressly reserves the right to request further particulars/production, as may be required.

Sincerely,

C. Michael Mitchell

CMM:ph

cope 343

c.c.

Mr. M. Hill

Ms. S. Declerck

Ms. L. Lawrence

F:\DOC\AMAP\02-1012\00107752.DOC

Association of Management, Administrative and Professional Crown Employees of Ontario v. The Crown in Right of Ontario (Ministry of Government Services), 2007 CanLII 20086

Case Summary

IN THE MATTER OF AN ARBITRATION

BETWEEN

Association

April 19, 2007

copies of job specifications/descriptions for all the individuals in the 15 positions noted above, along with particulars as to which job specifications/descriptions cover the work of which individuals;

copies of the OPSEU class standards for the SO Series;

copies of all OPSEU BUI settlements for the GSDC from January 1, 2005 onwards;

documentation on all FFS to FTE conversions in the cluster from January1, 2005 onwards;

procurement Directives relating to the acquisition of I and IT consulting services and all procurement manuals/guidelines etc. relating to said procurement;

FFS to FTE conversion toolkit for I and IT.

calendars including electronic calendars and/or agendas for the listed individuals during the three-month period immediately preceding March 16, 2007;

minutes from all meetings attended by the listed individuals during the three-month period immediately preceding March 16, 2007;

all timesheets and time records for each listed individual during the three-month period immediately preceding March 16, 2007;

all the documents set out in 1. through 5. above for the first thirty working days of their engagement by the Government of Ontario;

consulting Agreements and the Statement of work Agreements for each individual;

all Vendor of Record Master Agreements, Service Level Agreements and all other agreements for each firm providing these individuals;

IN THE MATTER OF AN ARBITRATION

BETWEEN

Association

April 19, 2007

copies of job specifications/descriptions for all the individuals in the 15 positions noted above, along with particulars as to which job specifications/descriptions cover the work of which individuals;

copies of the OPSEU class standards for the SO Series;

copies of all OPSEU BUI settlements for the GSDC from January 1, 2005 onwards;

documentation on all FFS to FTE conversions in the cluster from January1, 2005 onwards;

procurement Directives relating to the acquisition of I and IT consulting services and all procurement manuals/guidelines etc. relating to said procurement;

FFS to FTE conversion toolkit for I and IT.

calendars including electronic calendars and/or agendas for the listed individuals during the three-month period immediately preceding March 16, 2007;

minutes from all meetings attended by the listed individuals during the three-month period immediately preceding March 16, 2007;

all performance reviews, appraisals or development plans created for or by each of the listed individuals related to his or her work with the GSDC;

all timesheets and time records for each listed individual during the three-month period immediately preceding March 16, 2007;

all the documents set out in 1. through 5. above for the first thirty working days of their engagement by the Government of Ontario;

all documents received or sent to organizations outside the government (such as contracting firms) for each of the listed individuals related to his or her work with the GSDC;

all job postings, advertisements, vendor of record documents, requests for proposals (RFP’s, RFR’s, RFQ’s or other), the firms responses to these requests, CMARS sheets and other documents leading to or related to the work of the above-noted individuals with the GSDC;

consulting Agreements and the Statement of work Agreements for each individual;

all Vendor of Record Master Agreements, Service Level Agreements and all other agreements for each firm providing these individuals;