GSB#2012-4693, 2012-4758, 2012-4759, 2013-3241

UNION#2013-0484-0002, 2013-0520-0029, 2013-0520-0030, 2013-0520-0097

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Eve et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

Ken Petryshen

Vice-Chair

FOR THE UNION

Sharon Naipaul Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Caroline Cohen Ministry of Government Services Legal Services Branch Counsel

SUBMISSIONS

April 22, 2014

Decision

1The grievances before me essentially allege that the Employer improperly denied the grievors the opportunity to move on to the interview stage of a competition. The parties agree that the Employer will disclose the POSI questions, scoring protocol, and POSI training materials to Union counsel, subject to certain conditions. Having regard to the agreement of the parties, I hereby order that the following conditions shall apply to the disclosure of these materials:

1. No copies of any of the POSI-related material may be made by Union counsel. The grievors will not be provided with copies, either hard copy or electronic, nor with the opportunity to copy the material manually;

2. The Employer will provide a witness copy of the above-noted materials for the hearing;

3. At the end of the arbitration, Union counsel is to return its copies of the POSI-related material to the Employer;

4. All information about the POSI (the number of questions, the type of questions, the competencies assessed, and the scoring protocols) are not to be communicated outside of the arbitration process;

5. The specific questions in the POSI will be excluded from the arbitrator's written decision

and the questions only be referred to generically.