GSB# 0916/01
UNION# 01C596, 01C597
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Hilworth)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Public Safety and Security)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Jeffrey M. Andrew Cavalluzzo Hayes Shilton McIntyre & Cornish Barristers and Solicitors
FOR THE EMPLOYER
Ferina Murji and Sean Kearney Counsel Management Board Secretariat
HEARING
September 8, 2003.
ORDER
In an earlier oral ruling, I directed the production of certain documents by the employer. An issue has subsequently arisen with respect to that order.
Having considered the submissions of the parties on the point, I hereby direct that the employer take the appropriate steps to obtain and review a copy of the Memorandum of Settlement (the “MOS”) entered into between Mr. Daniel Lefebvre and the employer. This MOS was entered into in August 2001 and is currently under seal.
Subject to the following, the employer is further directed, once it has had the opportunity to review the MOS, to promptly forward a copy of same to union counsel in this matter.
However, upon its review of the MOS, should any unforeseen circumstances result in the employer determining that there is some reasonable impediment to the prompt production of the MOS to union counsel, the employer will forthwith advise the Board and union counsel of its concerns and how it proposes to comply with the Board’s direction.
Should any such or other related issues arise and should they require any further determination by the Board, the matter may be dealt with by way of a teleconference hearing or at the commencement of the next hearing day, currently scheduled for October 1, 2003.
My order that the employer produce the MOS is subject to the usual undertakings. More specifically, the MOS produced pursuant to this order is to be used solely for the purposes of these proceedings currently before me. It is not to be used for any other purpose or in any other proceedings.
I note as well, that the employer may wish to contact Mr. Lefebvre and advise him of the requirements of this order.
Dated at Toronto this 12th day of September 2003.