GSB# 2003-2939

UNION# 2003-0430-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Enright)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

S. L. Stewart

Chair

FOR THE UNION

Robin Gordon Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Kelly Burke Senior Counsel Management Board Secretariat

TELECONFERENCE

January 8, 2004.

Decision

Further to the Union’s reference of the grievances of M. Enright to the Grievance Settlement Board, and the convening of a conference call to deal with disclosure issues on January 8, 2004, at the request of the Union, it is hereby ordered that:

1. The Employer shall disclose a copy of the full investigation report relied on in the dismissal which includes the names of all witnesses identified therein. The Employer shall provide the investigation report to the Union on or before Tuesday, January 13, 2004.

2. The Employer shall provide the following documents in its possession: (a) documents referred to in the investigation report; (b) supporting documents regarding the investigation (i.e.witness statements, notes of interviews); and (c) any other documents referred to or relied on by the Ministry in terminating the employee. The Employer shall provide these documents to the Union on or befoe Monday, January 26, 2004.

On consent of the parties, which is without prejudice to any other issue or grievance, the Board further orders as follows:

1. The Employer, the Union and the Grievor shall use the documents and their contents disclosed in accordane with this order, referred to in paragraphs 1 and 2, for the sole purpose of preparing their case for mediation and/or arbitration.

2. The Grievance Settlement Board shall remain seized with respect to any matter arising out of the implementation of this decision.

Dated at Toronto, this 12th day of January, 2004.