GSB# 0542/01, 0559/01, 0560/01, 0561/01, 0831/01, 0908/01

UNION# 01F478, 01C400, 01C401, 01C402, 01B275, 01B298

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-Chair

FOR THE UNION

Donald Eady Paliare Roland Rosenberg Rothenstein LLP Barristers and Solicitors

FOR THE EMPLOYER

Stephen Patterson Associated Director, Labour Practice Group Management Board Secretariat

HEARING

September 12, 2003.

DECISION

It became apparent during the cross-examination of an Employer witness, Mr. R. Messervey, that an undertaking to produce relevant documents did not achieve its desired result. Notes taken by Mr. Messervey during meetings with employees as part of a disciplinary process had not been provided to counsel for the Union. Although not intentional, the failure to provide the notes to the Union resulted in a loss of some hearing time. Counsel for the Union requested that I issue a production order to ensure that the Employer produce all documents relating to testimony to be given by the Employer’s final three witnesses. Having regard to the Union’s request, the particular circumstances and the absence of an objection from the Employer, I direct the Employer as follows:

The Employer is directed to provide to Union counsel all documents (including but not limited to correspondence, statements, papers, records or, memoranda and electronic mail) not already provided in connection with the e-mail investigation in the Ministry of Natural Resources in 2001. Specifically, this is to include:

(1) all documents related to meetings or conversations held by Robert Messervey in the course of the investigation, including but not limited to any notes or documents created as a result of or during the investigation process and meetings with employees (including but not limited to pre-disciplinary and disciplinary meetings) and including documents created by other individuals in attendance.

(2) all documents related to the investigation in the possession or control of Mr. David Lynch, or the Employer, and

(3) all documents related to the investigation in the possession or control of Ms. Janet Addyman, or the Employer.

The documents referred to in (1) and (2) above shall be produced no later than 5.00 p.m. on September 16, 2003. The documents referred to in (3) above shall be produced by December 1, 2003.

Dated at Toronto, this 15^th^ day of September, 2003.