GSB# 2006-1704, 2006-1705, 2006-1706, 2007-0707, 2007-0708

UNION# 2006-0528-0004, 2006-0528-0005, 2006-0528-0006, 2007-0528-0003, 2007-0528-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fenech)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Janina Fogels Cavalluzzo Hayes Shilton McIntyre & Cornish Barristers and Solicitors

FOR THE EMPLOYER

Paul Meier Counsel Ministry of Government and Consumer Services

TELECONFERENCE

June 9, 2008.

Decision

The Board concludes that any notes contained in the grievor’s diary that record events, conversations and/or interaction between herself and the employer about which she testified or will testify are not protected by a litigation privilege. Therefore, the union is directed to disclose such notes as soon as possible in advance of the next scheduled hearing date. In the event the diary contains unrelated information that does not fall within the above description, such information is not subject to disclosure. Counsel are directed to review the diary and attempt to agree as to how such information, if any, may be excluded from disclosure. Failing agreement as to what notes are/are not subject to disclosure, I remain seized.

Reasons for this ruling will be issued in due course.

Dated at Toronto this 13^th^ day of June 2008.