Ontario Public Service Employees Union (Osborne) v. The Crown in Right of Ontario (Ministry of Natural Resources), 2013 CanLII 26529

GSB#2011-3795

UNION#2011-0605-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Osborne)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources)

Employer

BEFORE

Ken Petryshen

Vice-Chair

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Paul Meier Ministry of Government Services Labour Practice Group Counsel

CONFERENCE CALL

April 10, 2013.

Decision

1The grievance before me dated November 28, 2011, filed by Mr. A. Osborne, claims that the Employer’s decision to lay him off contravenes the Collective Agreement. The hearing of this grievance is scheduled to commence on April 16, 2013. The Employer has denied the Union’s request to produce a Communications Review report prepared by Mr. D. Ayotte. This report contains fifteen recommendations concerning the communications function. During a conference call held on April 10, 2013, counsel addressed the issue of whether I should direct the Employer to produce the report to the Union.

2After hearing from counsel, I advised them that the circumstances did not warrant a direction to the Employer to produce the report to the Union. Notwithstanding the submissions of Union counsel, I determined that the report is not arguably relevant to the issues in this proceeding. I came to this conclusion having regard to the nature of the report, the timing of events and the fact that the decision maker in this instance was unaware of the report at the relevant time.

3I advised counsel that the Union may revisit this issue if the evidence at the hearing demonstrates that the report has some relevance to the issues in dispute between the parties.