GSB#2011-2278, 2011-2279, 2011-2876, 2012-0517

UNION#2011-0502-0045, 2011-0502-0046, 2011-0502-0062, 2012-0503-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Louie/Morton)

Union

• and -

The Crown in Right of Ontario (Ministry of Energy)

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Debra Newell Paliare Roland Rosenberg Rothstein LLP Counsel

FOR THE EMPLOYER

Paul Meier Ministry of Government Services Legal Services Branch Counsel

CONFERENCE CALL

April 30, 2014

Decision

1The two grievors in this case are claiming that the Ministry has violated the collective agreement in the manner in which it exercised it’s management rights in deciding to surplus the grievors. They claim that management has acted in an arbitrary, discriminatory and bad faith manner.

2At the hearing scheduled to deal with this matter, some issues arose with regard to disclosure. There were disclosure requests made by both parties. At the time it appeared that the parties would be able to work out the exchange of particulars and documents. However, difficulties arose and it was necessary to schedule a conference call to deal with some outstanding issues.

3There is no dispute that the test for disclosure is arguable relevance. After having considered the submissions of counsel made during the conference call, I hereby direct the Ministry to produce:

4Any notes, emails, memos, letters or any other documentation pertaining to:

1. The request/posting of the 20PEC positions;

2. The elimination of the grievor’s positions; and

3. Any discussions, meetings or interactions between Mr. Michael Stewart and Mr. Alex Killoch or between Mr. John Whitehead and Mr. Killoch with regard to the decision to eliminate the two OPSEU positions held by the grievors.

5Any information and/or documents disclosed pursuant to this order are to be utilized only for the purposes of this case.

6This case shall continue on May 13, 2014. I am seized in this matter.