GSB# 2018-0106

UNION# 2018-0736-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Houle)

Union

• and -

The Crown in Right of Ontario (Ministry of Government and Consumer Services)

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 4, 2019

DECISION

1This grievance came before me under s.22.16 of the Collective Agreement.

2This grievance concerns a job competition. At the hearing on March 4, 2019, I made the following procedural order:

(a) The Employer is to produce the personnel files of the incumbents challenged by the Union, as outlined in Union counsel’s correspondence with Employer counsel on February 27, 2019. This production is to be without retraction of personal information. Employer counsel has agreed to provide these documents by no later than March 15, 2019.

(b) The following conditions will apply to this direction. These documents will stay in the possession of Union counsel. If the Union needs to share these documents with the Grievor or her adviser(s), the Union may seek an order from the Board to that effect.

3This matter is scheduled to continue May 22 and 23, 2019.