GSB# 2007-0897

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 (Union Grievance)

Association

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

• and -

Ontario Public Service Employees Union

BEFORE

Marilyn A. Nairn

Vice-Chair

FOR THE ASSOCIATION

Michael Mitchell Sack Goldblatt Mitchell Barristers and Solicitors

FOR THE EMPLOYER

Len Hatzis Counsel Ministry of Government and Consumer Services

FOR OPSEU

Richard Blair Ryder Wright Blair & Holmes LLP Barristers and Solicitors

HEARING

June 11, 2008.

Decision

AMAPCEO has filed a grievance asserting that the Operational Manager positions in the OCR16 and other classifications within the Ministry of Community Safety and Correctional Services are improperly excluded from its bargaining unit. OPSEU is seeking to intervene in the hearing of that matter. AMAPCEO takes issue with OPSEU’s right to intervene.

Following the filing of the grievance, the Crown filed an application with the Ontario Labour Relations Board (the “OLRB”) asserting that Operational Managers perform managerial functions and are thereby properly excluded from any bargaining unit as they are not ‘employees’. A motion was brought by AMAPCEO before the OLRB to defer the hearing of that application. Representations were made by the parties and they currently await a decision from the OLRB on the outcome of the deferral motion.

This matter was set down for hearing some time ago and convened on June 11, 2008. Following OPSEU taking the position that it sought to intervene, AMAPCEO, through it counsel, made a request for production of certain documentary materials in connection with the issue of OPSEU’s status and right to intervene. There was no significant dispute arising out of the production request at this stage of the proceedings as neither the Crown nor OPSEU had had the full opportunity to review certain historical files. The following order was therefore made at the hearing:

I hereby order the Crown and OPSEU to produce all documentary and other material relating to the settlement of the OPSEU grievances dealt with in GSB File #2004-2889, and further, to produce all documentary and other material arising from collective bargaining between the Crown and OPSEU for the 2005-08 collective agreement and relating to the settlement of those aforementioned grievances and the amendment to the OPSEU recognition clause occurring in that round of bargaining. This order is subject to the right of the Crown and of OPSEU to argue issues of privilege and/or relevance regarding same, and is without prejudice to the Crown’s position that the merits of this matter should be determined at the OLRB and not before the GSB.

OPSEU and the Crown are directed to produce this material to AMAPCEO no later than Friday, July 25, 2008, or, if an objection to particular material arises based on privilege or relevance, to identify such material and the corresponding objection to its production.

Prior to July 16, 2008, AMAPCEO is to provide the Crown and OPSEU with a proposed statement of fact upon which AMAPCEO seeks to rely for purposes of its assertion that OPSEU is limited from representing certain classifications, and in the context of that assertion, that persons previously holding the OCR14 classification are currently classified in the OCR15 or OCR16 classifications. The Crown and OPSEU are to advise AMAPCEO of the extent to which they are able to agree to such asserted facts by no later than July 25, 2008. Once the scope of the parties’ agreement has been determined, it will enable the parties to determine whether or not any production issues arise in the context of that issue.

This matter will reconvene on Wednesday, July 30, 2008 at 5:30 p.m. in order that I may hear and determine any and all outstanding production issues.

The issue of continuation dates in this matter will be revisited following the release of the OLRB’s determination on the deferral motion or on July 30, 2008. The parties are directed to provide me with a copy of the decision of the OLRB upon its release.

Dated at Toronto, Ontario this 12th day of June, 2008.