GSB#2007-0009

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 (Lafreniere)

Association

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

James McDonald Sack Goldblatt Mitchell LLP Barristers and Solicitors

FOR THE EMPLOYER

Felix Lau Ministry of Government Services Legal Services Branch Counsel

HEARING

November 30, 2010.

Decision

1Ms. Danielle Lafreniere filed a dispute with the Ministry alleging that she was improperly surplussed following organizational changes. At the first day of hearing into this matter the Association raised a request for the disclosure of various documents, many of which concerned the re-organization of the work that led to the surplussing of Ms. Lafreniere. The Board was told that two requests for disclosure had been sent to the Employer in letters dated March 26, 2010 and April 29, 2010. While some of the requested information has been provided, the Association is now requesting that an order be issued compelling the Employer to provide the documents not yet supplied.

2Generally speaking, the Employer did not take issue with the information requested. Mr. Lau, for the Employer, suggested that at least one document was probably not arguably relevant but agreed to provide it on a without prejudice basis.

3Mr. McDonald, for the Association, also requested a schedule be established for providing the documents. Such a timetable would allow sufficient opportunity for discussion between the parties in the event there are difficulties in this regard.

4At the hearing I ordered the Employer to provide the information requested in the two letters sent by the Association. This decision confirms that order. A schedule was established and I informed the parties that a conference call could be scheduled in the event it became necessary before our next day of hearing.