GSB# 2005-3721, 2006-3134, 2006-3135, 2006-3136, 2006-3137, 2006-3138, 2006-3139, 2006-3140, 2006-3141, 2006-3142, 2006-3143, 2006-3144, 2006-3145, 2006-3146, 2006-3147, 2006-3148, 2006-3149, 2006-3150, 2006-3151, 2006-3152, 2006-3153, 2006-3154, 2006-3155, 2006-3156, 2006-3157, 2006-3158
UNION# 2005-0582-0150, 2007-0582-0014, 2007-0582-0015, 2007-0582-0016, 2007-0582-0017, 2007-0582-0018, 2007-0582-0019, 2007-0582-0020, 2007-0582-0021, 2007-0582-0022, 2007-0582-0023, 2007-0582-0024, 2007-0582-0025, 2007-0582-0026, 2007-0582-0027, 2007-0582-0028, 2007-0582-0029, 2007-0582-0030, 2007-0582-0031, 2007-0582-0032, 2007-0582-0033, 2007-0582-0034, 2007-0582-0035, 2007-0582-0036, 2007-0582-0037, 2007-0582-0038
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Czerniak)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
John Stout Cavalluzzo Hayes Shilton McIntyre & Cornish LLP Barristers and Solicitors
FOR THE EMPLOYER
George Parris Counsel Ministry of Government Services
HEARING
August 13, 2007.
Decision
The parties have agreed that this matter will be referred to mediation before a different Vice-Chair of this Board on either October 4, 2007 or November 22, 2007 (the precise date is yet to be confirmed). The parties will be conferring with each other regarding the scheduling of a number of arbitration dates before me.
The union sought an order directing the production of documents itemized in a letter from union counsel to employer counsel dated August 1, 2007.
The employer accepts that the documents in question are sufficiently relevant as to typically require their production. It has concerns, however, about the use, care and distribution of these documents in the context of the sensitive nature of the case and some of the information disclosed in these documents. The union raised no objections to the types of safeguards sought by the employer in that regard.
Accordingly, I hereby direct that the employer produce the documents referred to above to union counsel.
However, this production will be subject to the following conditions:
The documents disclosed in accordance with this Order may only be viewed as provided herein and may not otherwise be viewed, distributed or disclosed.
Counsel for the union will be and will remain the only one in possession of the disclosed documents.
Copies of the disclosed documents will be made only for the purposes of this hearing.
The disclosed documents may be viewed only by union counsel, his instructing client and the grievor who are all required to keep the information contained in the documents confidential
I may be spoken to should either party wish to seek to vary the terms of this Order.
Dated at Toronto this 14th day of August 2007.