GSB# 2007-1518
UNION# 2007-0618-0048
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Walker)
Union
- and -
The Crown in Right of Ontario (Ministry of Children and Youth Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors
FOR THE EMPLOYER
Brian Loewen Senior Counsel Ministry of Government Services
TELEPHONE CONFERENCE
November 21, 2007.
Decision
At the conclusion of the hearing held by teleconference in this matter, I directed the employer to provide the production of the materials sought by the union.
The union is challenging the grievor’s termination which was effected as a result of his alleged improper physical contact with a resident of the Cecil Facer Youth Centre.
The union sought production of certain materials, including video recordings which relate to the allegations.
The employer did not dispute the relevance of the materials sought or, subject to other legal considerations, the presumptive right of the union to their production in a labour relations context. There are, however, privacy concerns insofar as the materials will disclose the identity of and may contain other information personal to the resident.
Consequently, while the employer did not necessarily oppose the order being issued, it declined to provide the materials being sought in the absence of an order of this Board.
Having regard to the submissions of the parties, I directed that the employer forthwith produce the materials in question to the union. That direction is hereby confirmed.
Dated at Toronto this 22nd day of November 2007.