GSB#2014-1014, 2014-1015, 2014-1016, 2014-1017, 2014-1018, 2014-1019, 2014-1020, 2014-1021, 2014-1022

UNION#2013-0248-0040, 2013-0248-0041, 2013-0248-0042, 2013-0248-0043, 2013-0248-0044, 2013-0248-0045, 2013-0248-0046, 2013-0248-0047, 2013-0248-0048

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Arbic et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

March 30, 2016

Decision

1A mediation/arbitration in this matter was held on March 30, 2016. The issue in this case arises out of the Hamilton – Wentworth Detention Centre and deals with rest periods. This decision addresses matters pertaining to production issues.

2Accordingly I hereby direct the parties to obtain and produce to the other side any and all arguably relevant documents in their possession relating to the issue before me. Some of the specific documents to be produced are set out below but this list is not to be seen as all inclusive or exhaustive as at the time of the discussion regarding documents neither side was at all certain what might or might not exist. The time span we are looking at runs from January 2012 to December 2014. The documents are to be produced on or before September 9, 2016.

3The union is to produce any records in the possession of the nine grievors (or generally in the possession of the union) pertaining to the issue before me, including any calendar books or payroll records or stubs.

4The Ministry is to produce any records in its possession pertaining to the issue before me, including:

i. any H Pro documents either computerized or manual for the nine grievors showing overtime worked in the relevant time period;

ii. the daily rosters for the relevant time period;

iii. seniority or staff lists for the relevant time period;

iv. any records demonstrating the level of sick time during the relevant time period.

5The parties are directed to meet on or before September 23, 2016 and agree on a statement that details all of the facts that they are able to agree upon. This document shall also highlight any issues or facts that are in dispute.

6Should the parties encounter any difficulties carrying out the directions in this order they are encouraged to contact the Grievance Settlement Board and schedule a conference call to address the issues.

7This case shall proceed as scheduled on October 7, 2016 unless the parties agree otherwise.