Association of Management, Administrative and Professional Crown Employees of Ontario (Banwarie) v. The Crown in Right of Ontario (Ministry of Transportation), 2023 CanLII 49373

GSB#2022-8112

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and Professional Crown Employees of Ontario (Banwarie)

Association

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Annie McKendy

Arbitrator

FOR THE ASSOCIATION

Christine Davies Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Shiran Brener Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 30, 2023 (videoconference call)

Decision

1This is an order requiring that the Employer provide production to the Union with respect to the grievance.

2In a conference call held on May 30, 2023, the Union acknowledged that it had received some production from the Employer, but explained it was their view that there was likely outstanding documentation regarding certain portions of their request.

3I hereby order that the employer provide the following no later than June 26, 2023:

a. Any documents (including communications such as email/letters, notes, briefing materials, memoranda, etc.) relevant to the creation of the Senior Strategic Advisor position, and the scope of the role;

b. Any documents (including communications such as email/letters, notes, briefing materials, memoranda, etc.) relevant to the decision to terminate/dismiss the complainant, including any documents relating to decisions concerning the manner of his termination/dismissal and any instructions concerning the manner of his termination/dismissal; and

c. Any document of which the Employer is aware that may be arguably relevant or upon which the Employer may seek to rely in the course of the hearing.