GSB#2011-3059

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 (Cristini)

Union

• and -

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

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Marisa Pollock Sack Goldblatt Mitchell Barristers & Solicitors Counsel

FOR THE EMPLOYER

Paul Meier Ministry of Government Services Labour Practice Group Counsel

HEARING

May 2, 2013 Conference Call

Decision

1The Board is seized with a dispute of Mr. Franco Cristini (“Complainant”) relating to alleged violation of his rights under the collective agreement to direct assignments and displacement, following the surplussing of his position with the employer.

2On August 3rd, 2012 the parties came before the board for mediation. It became apparent that there had been inadequate exchange of information between the parties. Following discussion, a disclosure protocol was agreed upon, under which both parties undertook certain obligations.

3This conference call was held to deal with the employer’s allegation that while it had fulfilled its obligations under the disclosure protocol, the Association had not. Specifically, it was alleged that the Association had failed to provide the employer with a succinct written summary as to the basis upon which the complainant claims to be eligible for each of the position he had identified. The employer sought an order that the information be provided no later than June 7, 2013. It was also submitted that if there is non-compliance with such Board order, the Board should summarily dismiss the dispute.

4The Association did not dispute that it had not provided the information which it had undertaken to provide under the protocol. However, it opposed the issuance of the requested order. It was asserted that the Association and the complainant had made, and continues to make best efforts to provide the information as expeditiously as possible, and that the Board should not place deadlines in the circumstances.

5The Board notes that as a result of disclosure issues, two scheduled dates, May 06 and May 24, 2013 have already been adjourned. The next scheduled mediation date is June 28, 2013. Both parties acknowledge the importance of timely disclosure for mediation to be effective. Having regard to all of the foregoing, the Board orders that the Association provide the information in question to the employer no later than 5:00 p.m. on Friday June 14, 2013. In the event the employer alleges non-compliance with the foregoing order and seeks dismissal of the dispute for that reason, the Board would be prepared to receive submissions in that regard on June 28, 2013.

6The Board remains seized with the instant dispute.