GSB#2014-3302, 2014-5003, 2015-0855, 2015-3074, 2016-0998, 2016-0999

UNION#2014-0542-0018, 2014-0542-0028, 2015-0542-0007, 2016-0542-0003,

2016-0542-0012, 2016-0542-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lupiani)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Susan Munn Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 15, 2017

Decision

1The Board is seized with a number of related grievances filed by Ms. Nancy Lupiani (“grievor”). When the Board convened on May 5, 2017, the parties addressed certain issues in preparation for a hearing scheduled to continue on multiple days.

2The first issue was about consolidation of additional grievances. The union requested that two additional grievances filed by the grievor be consolidated with the instant grievances. Those grievances have been referred to arbitration and assigned Board file numbers 2017-0225 and 2017-0226 respectively. The union requested further that four more related grievances filed by the grievor, but not yet referred to the Board for arbitration, be also consolidated with the grievances presently before the Board.

3The second issue was a request by the union for an order for production by the employer of the following:

(a) An order that the employer produce to union counsel, any and all documentation relating to the WDHP complaint filed by the grievor and the investigation into that complaint, and that the production be made by the end of the business day May 16, 2017.

(b) An order that the employer make production to union counsel, all documents relevant to the subject matter of the grievor’s grievances presently seized by the Board as well as those sought to be consolidated, and that production be completed by the end of the business day on June 2, 2017.

4Having regard to the position of the respective parties, the Board orally granted the orders requested, with the conditions that the order for consolidation is subject to the union duly referring to arbitration, those grievances not yet before the Board. The Board also directed that the timelines for compliance with the order for production may be changed by agreement. Those orders are hereby confirmed.

5The Board remains seized and this proceeding with continue as scheduled.