GSB#0542/01, 0559/01, 0560/01, 0561/01, 0571/01
UNION# 01F478, 01C400, 01C401, 01C402, 01C407
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hastie et al)
Grievor
-and-
The Crown in Right of Ontario
(Ministry of Natural Resources)
Employer
BEFORE Ken Petryshen Vice-Chairperson
FOR THE GRIEVOR Don Eady
Counsel
Paliare Roland
Barristers
FOR THE EMPLOYER Stephen Patterson
Senior Counsel
Legal Services Branch
Management Board Secretariat
HEARING November 22, 2001.
DECISION
I have before me a number of grievances which claim that the Ministry of Natural Resources (“the Ministry”) contravened the Collective Agreement when it disciplined the grievors for what generally can be referred to as the inappropriate use of email and computer equipment. On November 22, 2001, the first day of hearing, I was provided with an overview of these matters and the parties discussed production and procedural issues. After hearing from counsel with respect to one of the production issues, I find it appropriate in the circumstances to make the following direction:
The Ministry is hereby ordered to produce to counsel for the Union, Mr. Don Eady, no later than December 14, 2001, copies of investigation reports, employee responses, disciplinary responses and other documents with respect to persons employed by the Ministry outside the bargaining unit in connection with internet or email “abuse” and the investigation undertaken by the Ministry or its consultants.
The hearing of these grievances will continue on January 14, 2002.
Dated at Toronto, this 26th day of November, 2001.