Ontario Public Service Employees Union (Wieckowski) v. The Crown in Right of Ontario (Ministry of Finance), 2015 CanLII 36158

GSB#2014-2549

UNION#2014-0599-0018

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Wieckowski)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Peter Chauvin

Vice-Chair

FOR THE UNION

Lesley Gilchrist Ontario Public Service Employee Union Grievance Officer

FOR THE EMPLOYER

Cathy Phan Ministry of Government Services Labour Practice Group

Decision

1The grievance before me essentially alleges that the Employer improperly denied the grievor the opportunity to move on to the interview stage of a competition. The parties agree that the Employer will disclose the POSI questions and scoring 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.

6. In the event that the Union or the Employer requests or requires a variation on any of the above conditions, the request or requirement will be brought before Vice Chair Chauvin, who will make an order on the matter. Both parties will await such an order prior to enacting any variation.

7. Nothing in paragraphs 1-5 is intending to limit the discretion of the Vice Chair in making an order according to paragraph 6.