GSB#2011-0950

UNION#2011-0547-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Artt)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Thomas Ayers Ministry of Government Services Legal Services Branch Counsel

HEARING

September 12, 2014

Decision

1The Board is seized with a grievance dated March 17, 2011 filed by Ms. Marie Artt. It arises out of the employer deducting the sum of $ 23,863.02 from her wages. The employer claims that it was entitled to recoup that amount because there was an overpayment to her. In advance of the hearing, the employer gave notice that it would be seeking an order that certain portions of the union’s particulars be struck, because they constitute an improper expansion of the grievance filed.

2The union sought from the employer, production of a letter which it claims was written to the grievor by her then manager in July 2011. The employer objected to its production. This dispute was argued before the Board on September 12, 2014.

3Having considered the documentation filed and the submissions of the parties, the Board concluded that the letter is arguably relevant to the issues before it, and further that even in the event that the letter in question had been removed from the grievor’s personnel file pursuant to terms of settlement of a previous grievance, it nevertheless is subject to production. The Board therefore ordered that the letter be produced to the union as soon as reasonably possible. That order is hereby confirmed in writing upon the request of the employer.

4The Board remains seized with all outstanding matters arising out of the grievance.