GSB# 2023-03004

UNION# 2023-0504-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Turner)

Union

• and -

The Crown in Right of Ontario (Ministry of Health)

Employer

BEFORE

Sarah Atkinson

Arbitrator

FOR THE UNION

Sarah Mikhaiel Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Alana Bujeya Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 25, 2024

Decision

1This is a grievance in which the Union alleges that the Employer violated the collective agreement by awarding a particular job to a candidate other than the Grievor. The parties appeared before me in this matter on July 24, 2024.

2Based on the submissions made before me, I hereby direct the following:

1. On or before November 1, 2024, the Employer is required to provide to the Union the documents that it agrees are arguably relevant to the issues to be decided in this case. Such production is subject to the following:

a. The documents to be produced may be redacted to remove the personal information regarding other candidates for the position in question, other than the candidates’ names.

b. The documents produced are subject to the implied undertaking, always present in labour arbitration, that they will only be used for the purpose of the proceeding in which they are produced.

c. The Union will destroy the documents produced following the conclusion of the proceeding.

2. Any outstanding disputes regarding the scope of production that remain after the Employer has complied with the above direction may be referred to me for determination.

3. The Union will provide the employer with particulars of the grievance on or before January 13, 2025.