GSB# 2002-3166, 2004-1218

UNION# 2003-0411-0003, 2004-0411-0072

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Scott)

Union

• and -

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

Employer

BEFORE

Loretta Mikus

Vice-Chair

FOR THE UNION

Gavin Leeb Barrister and Solicitor

FOR THE EMPLOYER

Ferina Murji Counsel Ministry of Government Services

HEARING

May 31, 2006.

Decision

On May 29, 2006 this Board issued the following order:

On the last day of hearing in this matter an issue arose about the exchange of documents that had been previously agreed to by the Union but, due to a misunderstanding, were not available for the hearing. In an effort to ensure no further delays interrupt these proceedings, the Union has agreed to provide to the Employer the income tax forms from 2002, 2003, 2004 and 2005 as well as any credit card invoices for the same periods of time.

The parties have asked that this agreement be released as a Board order and it is therefore the order of the Board that these documents be given to counsel for the Employer as soon as possible in advance of the next day of hearing.

The next day of hearing on May 31, 2006 was adjourned because of the unavailability of the Employer’s advisor but counsel for the parties appeared before me concerning what Employer counsel described as a breach of the previous order. Apparently Union counsel blackened out the description on the credit card statements concerning the nature of the expenses leaving only the date and amount. That, according to Ms. Murji, was useless since there is no way for the Employer to determine whether the grievor’s claims of financial hardship are legitimate. Mr. Leeb explained that he had considered that information irrelevant and decided it should be struck on the grounds of the grievor’s right to privacy.

Having considered the submissions of the parties I have determined that the previous order has not been complied with in form or spirit and that there has been a breach of the order of May 29, 2006. The Union had agreed to supply certain information and documentation to the Employer and, if it had reservations or concerns about relevance or privacy, it should have raised them at the time. It was not up to Union counsel to unilaterally amend the clear order of the Board.

The Union and the grievor are directed to provide the complete credit card statements for the two Visa credit cards the grievor possesses as soon as possible after the release of this order and well in advance of the next day of hearing. I understand from the parties that there is no issue with respect to the income tax returns. Out of an abundance of caution, I order that the 2002, 2003, 2004 and 2005 tax returns be provided to the Employer forthwith.

Dated at Toronto this 7^th^ day of July, 2006.