GSB#2016-0882, 2016-0883, 2016-0884, 2016-0885, 2016-0886

UNION#2016-0201-0009, 2016-0201-0010, 2016-0201-0011, 2016-0201-0012,

2016-0201-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Drury, Bryan et al)

Union

• and -

The Crown in Right of Ontario (Minister of Finance)

Employer

BEFORE

Diane L. Gee

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 16, 2017

Decision

1This matter concerns identical grievances filed by Bryan Drury and four others (the "grievors"). The grievors are employed by the Ministry of Finance in the Tax Clients and Benefits Division as Inspectors. The grievances contain the following Statement of Grievance:

I grieve that the employer has violated my rights under Article 9 (Health & Safety) and Article 2 (Management Rights) by refusing to implement a [sic] immediate-response, two-way Radio system as a safety option for TRIP single inspections.

2This matter was scheduled for mediation/arbitration on March 16, 2017. At that time, the employer asked for the Union's position as to who would be on the receiving end of the two-way Radio system and the Union indicated that it would provide the Employer with a response. The Union indicated that it was in the process of collecting particulars in addition to those provided to the employer the previous day. Such particulars were not yet available. The employer raised a concern as to the temporal scope of the evidence that the Union appeared to rely upon and indicated that, should the evidence go back more than three years, an objection would be made.

3Having regard to the issues raised, I orally made the following orders at the mediation and hereby confirm same:

i. The Union is ordered to provide in writing to the Employer, no later than April 26, 2017, full particulars relied upon in support of the grievances.

ii. The Union is ordered to provide to the Employer, no later than April 26, 2017, a copy of all documents in its possession or control that are arguably relevant to the issues in dispute.

iii. Following receipt of the particulars from the Union, the Employer is ordered to advise the Union, no later than 30 days in advance of the next date scheduled, as to any issue(s) arising out of the particulars that it intends to raise as a preliminary matter.

4This matter is referred to the Registrar of the Grievance Settlement Board in order to schedule this matter for a further hearing date.