GSB# 2023-01515; 2023-01517; 2023-01518

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 (Wilkins et al)

Association

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Dan Harris

Arbitrator

FOR THE ASSOCIATION

Kailun Chen Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

HEARING

December 27, 2024

Decision

1This matter involves a consolidation of three individual grievances relating to working remotely from the office. This decision relates to AMAPCEO's request for the production of documents. This issue came on for hearing on December 27, 2024. The hearing on the merits is scheduled to begin on January 7, 2025. Accordingly, there is some urgency to finalize production issues.

2Solely for the purposes of this decision, the background facts are as follows. The grievors work as Senior Program Administrators in the Carrier Sanctions and Investigations Office of the Ministry of Transportation. Prior to the COVID-19 lockdowns and the resultant working from home protocols, the work location was in St. Catharines. During the COVID period, the work was all done remotely. In the post-pandemic period, the position had been posted and filled on a province-wide basis. AMAPCEO submitted that documents relating to this transition are arguably relevant to the facts-in-issue here, with which I agree. The employer currently requires attendance in the office three days per week. Because of the compressed work week in existence for Senior Program Administrators, the result is that the people occupying the position attend three days in the office every two weeks. The alternate weeks they attend two days in the office.

3Having heard the submissions of the parties, I order as follows:

The Employer is ordered to produce to counsel for AMAPCEO the following documents:

1. Any AWA requests made by employees managed by Lisa Venier in the Commercial Safety and Compliance Branch and her decisions, for the period 2022 to present, and any documentation relating to the employer’s consideration and determination of those requests;

2. All documentation regarding the decision to make the Senior Program Administrator position in the Carrier Sanctions and Investigations Office a remote one during the pandemic and any correspondence or documentation in the form of meeting minutes, notes, briefings, or otherwise relating to Senior Program Administrators working out of various local offices of the MTO, including a job posting prior to the pandemic;

3. All documentation, in whatever form, in any way related to or reflecting the Employer’s consideration of the Complainants’ AWA requests. Without limiting the generality of the foregoing, the Employer is required to produce the following:

a. Calendar entries for any meetings held among representatives of the Employer, including with members of human resources, to discuss the Complainant(s)’ AWA requests;

b. Notes taken by all the participants in any meetings held among representatives of the Employer and meetings held with representatives of the Employer and AMAPCEO representatives and/or the Complainant(s) to discuss the Complainant(s) AWA requests;

c. Emails or any other written communications among representatives of the Employer pertaining to any meetings held to discuss the Complainants’ AWA requests;

d. Emails or any other written communications among representatives of the Employer asking questions or considering any aspects of the Complainants’ AWA requests.