Ontario Public Service Employees Union (Muller) v. The Crown in Right of Ontario (Ministry of Government Services), 2010 CanLII 52658

GSB#2010-0329

UNION#2010-0430-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Muller)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Stephens Giles Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jennifer Richards Ministry of Government Services Legal Services Branch Counsel

HEARING

July 14, 2010.

Decision

1Mr. Todd Muller has filed a grievance that alleges he was discharged without just cause. By way of remedy he asks for reinstatement with full compensation and benefits.

2The Employer maintains that in the circumstances of this case discharge was the appropriate discipline.

3Subsequent to a mediation attempt on July 14, 2010, the Union requested full disclosure of any and all documents relevant to the discharge of the grievor. Specifically the Union requested:

• The completed investigation reports – both IT and WDHP;
• Any and all notes, rough notes and final drafts of all interviews conducted in relation to the investigations – by both internal and external investigators;
• Any and all correspondence, written and electronic as it relates to the investigations;
• Any and all correspondence, written and electronic as it relates to the Employer’s decision to discipline/dismiss Mr. Muller;
• Any and all correspondence, written and electronic between Mr. Muller and the Employer as it relates to this investigation and the dismissal;
• The names and contacts information for all individuals interviewed by the Employer and/or the external investigator during the investigations;
• A copy of the WDHP Policy;
• A copy of the I&IT Operating Policy;
• Details on how management is instructed to conduct the investigations – including any manuals or training that is received;
• Details of any other investigations or inquiries the Employer made into Mr. Muller in relations to the use of the Employer’s resources;
• Job specifications for the job that was Mr. Muller’s home position;
• Copy of Mr. Muller’s personnel file.

4While the Employer had no objections to this request either generally or specifically, given the nature of the request an order from the Board was required.

5It is so ordered.