GSB#2011-0378

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 (Chapman)

Association

• and -

The Crown in Right of Ontario (Treasury Board Secretariat)

Employer

BEFORE

Christopher J. Albertyn

Vice-Chair

FOR THE UNION

Marisa Pollock Sack Goldblatt Mitchell LLP Counsel

Nadine Blum Sack Goldblatt Mitchell LLP Counsel

FOR THE EMPLOYER

Paul Meier Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 12, 2015

Decision

1This matter concerns a complaint regarding the implementation of a Memorandum of Settlement concluded on March 1, 2013.

2The Complainant contends that a permanent vacancy arose, pursuant to Paragraph 2.1 of the Memorandum of Settlement, to which she ought to have been assigned. The Employer denies there was any permanent vacancy, among other defences.

3In order to expedite the hearing of the matter efforts will be made to limit the extent of oral evidence needed. This will be done by determining what relevant facts are undisputed. To that end, the Union will produce a chart and/or narrative chronology setting out the assignment of work to the RPBAs during the period May 2012 to date ("the summary"). In order to do so, the Union requires production of arguably relevant documents.

4The Employer has produced many documents. At the hearing on March 12, 2015 the Union sought clarification of whether certain additional documents exist. The Employer undertook to investigate the matter. After its investigation it will produce, by March 31, 2015, all additional documents arguably relevant and requested by the Union. The documents thus far produced and those to be produced are subject to the conditions described below.

5The Union will provide the summary to the Employer by April 17, 2015. The Employer will have input into the summary, with the intention that the parties agree the summary by the next date of hearing, May 7, 2015, so that the summary may be handed in then as an agreed Exhibit.

6The documents produced by the Employer are subject to the following conditions:

a. The Union gives the implied undertaking regarding use of the documents;

b. The Complainant understands that the documents disclosed, and the information contained therein, are to be used by her only in connection with this proceeding and for no other purpose;

c. Union counsel or the Union may review the content of the documentation with the Complainant, but they will not provide the Complainant with a copy of any of the documents;

d. The Complainant will keep confidential the content of the documentation shared with her;

e. The Board retains the power to enforce and to vary the terms of this order.

7To the extent the parties have not agreed on the procedure to expedite the hearing by the next hearing date, May 7, 2015, that day will be used, at least at the start, to determine the agreed facts and to decide on the following:

a. The issues in dispute and how best to deal with them;

b. what oral evidence, if any, will be needed on the disputed facts, if any;

c. the order of proceeding.