GSB# 2005-3601

UNION# OLB001/06

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Sin)

Union

• and -

The Crown in Right of Ontario

(Liquor Control Board of Ontario)

Employer

BEFORE

Nimal V. Dissanayake

Vice-Chair

FOR THE UNION

Laurie Kent

Koskie Minsky LLP

Barristers and Solicitors

FOR THE EMPLOYER

Alison Renton

Counsel

Liquor Control Board of Ontario

CONFERENCE CALL

August 9, 2007.

Decision

The grievor, Mr. Lawrence Sin, has filed a grievance with respect to a job posting, for which he had applied unsuccessfully. The parties appeared before the Board on July 7, 2007 relating to a dispute between them on particulars and disclosure. Following the hearing, I issued a decision dated July 22, 2007, directing that the employer provide certain particulars and documents to the union in advance of the next hearing date.

On August 9, 2007 I received submissions from counsel by teleconference with regard to a concern raised by employer counsel that some of the documents ordered disclosed may contain personal information relating to employees, which the employer felt should be kept confidential.

The documents in question are relevant to the issues raised in this grievance. However, I also recognize the legitimate concern raised by the employer relating to confidentiality. In the circumstances, I orally ruled that the employer should comply with the direction for disclosure, but also directed that the union and its counsel use the information contained in the disclosed documents with utmost confidentiality, and specifically that such information shall be used only for the purposes of this proceeding.

That oral ruling is hereby confirmed.

Dated this 13^th^ day of August, 2007 at Toronto, Ontario.