M. Musters

The Union brought a motion seeking an order to allow a forensic expert to access the Employer's electronically stored information (ESI).

The Union sought to forensically examine 65 documents and investigate the wiping of data from three computers during a scheduled refresh.

The Employer opposed the motion, arguing the Grievance Settlement Board lacked jurisdiction to grant such an order and that the request was a fishing expedition.

The Arbitrator dismissed the motion, applying the principle of proportionality.

The Arbitrator found that the Union's request was based on speculation and that the significant cost and delay of a forensic study outweighed any likely probative value.