GSB# 2003-3597, 2003-3600, 2003-3603, 2003-3604

UNION# 2004-0135-0001, 2004-0135-0002, 2004-0135-0005, 2004-0135-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Beltrano et al.)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Ken Petryshen

Vice-Chair

FOR THE UNION

Ed Holmes Ryder, Wright, Blair & Holmes Barristers and Solicitors

FOR THE EMPLOYER

Suneel Bahal Counsel Management Board Secretariat

HEARING

April 26, 2005.

Decision

I have four grievances before me from four former correctional officers at the Windsor Jail alleging that they were terminated without just cause. Counsel addressed a disclosure issue at the hearing on Tuesday, April 26, 2005, relating to the production of certain material contained within a file of a youth offender who was in the Windsor Jail on or about March 12, 2003. After hearing from counsel on the issue, I determined at the hearing that the Union’s request for a production order is appropriate in the circumstances. I note that counsel for the Employer did not dispute that the requested material was arguably relevant. Accordingly, I direct the Employer to provide to counsel for the Union the material relating to the Burnett-Mitchell incident of March 12, 2003, which is located in the file of the youth offender. In responding to this order, the name of the youth offender will not be disclosed by the Employer.

Dated at Toronto, this 29th day of April, 2005.