GSB#2010-0007, 2010-0029

UNION#2010-0542-0010, 2010-0542-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Amurao)

Union

• and -

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

Employer

BEFORE

Joseph D. Carrier

Vice-Chair

FOR THE UNION

Sheila Riddell Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Jennifer Richards Ministry of Government Services Labour Practice Group Counsel

CONFERENCE CALL

February 10, 2012.

Decision

1The Grievance before me alleges that the Grievor, Ms. Fidela Amurao, who was employed with the Family Responsibility Office of the Ministry of Community and Social Services, was terminated without just cause.

2Counsel for the Employer brought forth the current motion with respect to two preliminary issues:

1. disclosure
2. particulars

3The Vice Chair heard submissions from both Counsel regarding these issues by teleconference on February 10, 2012.

Disclosure

4The Employer seeks certain documents it alleges are arguably relevant to the above-noted arbitration hearing. By way of background, in a letter dated February 22, 2010, Ms. Nancy Liston, Director of Client Services, outlined to Ms. Amurao the reasons for her dismissal. Those reasons identified inappropriate conduct including the following:

You obtained a mortgage on December 23, 2008, knowingly used a falsified pay stub indicating that you were an employee of Freedom Mortgage and Financial Solutions earning $75,000 a year, created on your behalf at the request of your manager. This is a violation of the Ministry Standards of Conduct (Standard #5: Lawful and honest conduct).

5The Union takes the position that the Grievor was unaware of the existence of the fraudulent pay stub in question. In light of the Union’s position, the Employer seeks disclosure of any mortgage applications, along with any and all accompanying documents, and any agreements of purchase and sale for all properties for which the Grievor was approved for a mortgage between September 2008 and December 2008 including but not limited to for her current residence of 31 Piggott Mews.

Decision re: Disclosure

6I have considered the submission of Counsel and am satisfied that the documents sought by the Employer are not only relevant to the ultimate issue to be decided but also go to the heart of that matter. Accordingly, the Employer’s request for a disclosure order is granted as follows: the Grievor shall produce any mortgage applications, along with any and all accompanying documents, and any agreements of purchase and sale for all properties for which the Grievor was approved for a mortgage between September 2008 and December 2008 including but not limited to for her current residence of 31 Piggott Mews.

7Given the upcoming hearing date of April 23, 2012, the Employer requests that the disclosure be provided no later than March 23, 2012. The time line requested by the Employer is appropriate in the circumstances. The Union shall provide the disclosure to the Employer no later than March 23, 2012.

Particulars

7The Parties first appeared before me on August 3, 2011. In a decision dated August 11, 2011, I ordered the Union to provide particulars of the Employer conduct, if any, which is alleged to have been discriminatory and/or in any way a violation of the collective agreement or the Ontario Human Rights Code. Those particulars are to set out the who, what, where, when and how the impugned employer conduct is alleged to have taken place. No date for delivery of the said particulars to the Employer was provided in my order. If the parties were unable to determine the time frame themselves, they could contact me to prescribe an appropriate deadline.

8Again, the Employer requests that the particulars be provided no later than March 23, 2012.

Decision re: Particulars

9The time line requested by the Employer is appropriate in the circumstances here. Therefore, the Employer’s order is granted. The Union shall provide the particulars to the Employer no later than March 23, 2012.