GSB#2016-1481

UNION#2016-0546-0017

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Burns)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

Ian Anderson

Vice-Chair

FOR THE UNION

Andrew Mindszenthy Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Henry Huang Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 6, 2017

Decision

1This is a job posting grievance. The Grievor was screened out. He alleges the process was unfair. The Employer disagrees. The process used lies within the knowledge of the Employer.

2This grievance is subject to Article 22.16. Article 22.16 provides that grievances will be referred to a single mediator/arbitrator for resolution in an expeditious and informal matter. The decisions reached are of no precedential value unless the parties agree otherwise. Article 22.16.2 states:

The mediator/arbitrator shall endeavour to assist the parties to settle the grievance by mediation. If the parties are unable to settle the grievance by mediation, the mediator/arbitrator shall determine the grievance by arbitration. When determining the grievance by arbitration, the mediator/arbitrator may limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate. The mediator/arbitrator shall give a succinct decision within five (5) days after completing proceedings, unless the parties agree otherwise.

3Attempts to resolve this matter by mediation were unsuccessful.

4Exchange of particulars and production had not been completed prior to the mediation day. Having regard to the representations of counsel as to the appropriate manner of proceeding, I direct as follows:

(i) The Employer is to provide the Union with full particulars in support of its contention that the hiring process was fair. At the same time, the Employer is to:

(a) produce to the Union all the documents upon which the Employer intends to rely in support of its position;

(b) produce, to the extent that it does not object, all the documents which the Union has requested be produced;

(c) describe, and if practical list, any documents which it objects to producing and provide the basis of its objection for each such document or category of documents.

(ii) The Union is to provide the Employer with full particulars in support of its contention that the hiring process was unfair. At the same time the Union is to produce to the Employer all documents upon which it intends to rely in support of its position.

(iii) The Employer shall provide the Union with any additional particulars or documents upon which it intends to rely in reply to the Union’s position.

(iv) The parties are directed to endeavour to agree upon material facts for the purpose of the hearing of this matter through out this process. The particulars provided by the parties may be used for this purpose if they agree. Particulars and production are to be exchanged as soon as reasonably possible and in any event prior to the hearing of this matter.

(v) A pre-hearing case management conference will be held by conference call at the request of either party.

(vi) The hearing of this matter will be completed in one day unless the Board orders otherwise prior to the day of the hearing. The Employer will have three hours for presentation of its case; the Union will have three hours for presentation of its case. These time allocations are inclusive of any evidence with respect to disputed facts.