Canadian Union of Public Employees - Local 1750 (Sutton) v. The Crown in Right of Ontario (Workplace Safety and Insurance Board), 2023 CanLII 37583

GSB#2021-1322

UNION#21-75

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Canadian Union of Public Employees - Local 1750 (Sutton)

Union

• and -

The Crown in Right of Ontario (Workplace Safety and Insurance Board)

Employer

BEFORE

Randi H. Abramsky

Arbitrator

FOR THE UNION

Ryan Culpepper Canadian Union of Public Employees - Local 1750 National Representative

FOR THE EMPLOYER

Jozef Hadlaw-Murray Shields O’Donnell MacKillop LLP Counsel

SUBMISSIONS

February 22, 2023, March 31, 2023 and April 3, 2023

Decision

1The parties agree that I have been appointed to hear this matter and have jurisdiction to make a determination in this case.

2The WSIB requests that an order for production and particulars be made for the following items:

a) any and all documents in the possession, power or control of the Union relevant to the matters at issue, including, but not limited to, those on which the Union intends to rely at the hearing;

b) Any and all documents in the possession, possession or control of the grievor relevant to the matter at issue, including, but not limited to, those on which the Union intends to rely at the hearing;

[3] Without limiting the generality of the foregoing, the following specific documents relevant to the matters in issue:

i) Any and all offers of employment or employment contracts entered into following the grievor’s termination of employment with the Employer.

ii) Any and all documents related to the grievor’s current employment (if any), including, but not limited to, the current terms and conditions of her employment.

iii) The grievor’s Notices of Assessment and any applicable T4s since her dismissal.

iv) Any and all documents related to the summer camp the grievor’s children were registered in that led to her flex work arrangement request, including the applicable pickup and drop-off schedule and the duration of the camp.

v) Any and all documents related to the grievor emailing confidential information to her personal email address, and copies of all such emails.

4The specific provisions of the Collective Agreement alleged to have been breached.

5The material facts by which the Union alleges the Employer has breached Articles 12 and 13 Collective Agreement – that is, how the collective agreement was allegedly violated.

6The remedy the Union seeks at arbitration.

[7] The explanation the grievor intends to provide for why she emailed confidential client information to her personal email address.

[8] The names of the other Case Manager trainees referenced in the grievor’s letter, dated July 8, 2021, that were subject to differential treatment and the full particulars of such alleged differential treatment.

[9] The basis for which the grievor alleges the training schedule and/or program was not adhered to, or inadequate.

10I direct that the production and particulars must be delivered by no later than the end of day on Friday, April 14, 2023.

11I remain seized of this matter.