GSB#2009-3165

UNION#2010-0999-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

Susan L. Stewart

Chair

FOR THE UNION

Kate Hughes Cavalluzzo Hayes Shilton McIntyre & Cornish LLP Barristers and Solicitors

FOR THE EMPLOYER

Brian Loewen Ministry of Government Services Legal Service Branch Counsel

Raj Dhir Deputy Director Ministry of Labour, Legal Services Branch

HEARING

October 19, 2010.

Decision

1The Union has requested disclosure of the following documents and particulars that the Employer consents to producing by October 26, 2010, subject to concerns regarding solicitor-client privilege:

i) Confirmation of when and who approved the “MOL Interim Protocol”, including Minutes of the DEC;

ii) Date of the implementation of the Interim Protocol and dates of and copies of training materials for all rollout sessions for Managers and Inspectors;

iii) Copy of the Final Interim Protocol as sent to employees, and the dates of when sent (managers and inspectors);

iv) List of all Ministries that engage in prosecutions (“Enforcement Ministries”);

v) Particulars re the memo of Filomena Savoia disclosed October 19, 2010, including dates of the memo and copies of the documents referred to in it when they are available (e.g. the “final permanent protocols”).

2The Union has requested disclosure of the following documents and particulars that the Employer has not consented to produce but has undertaken to seek instructions on:

i) Copies of all documents (emails, letters, memos) sent to other Ministries re Interim Protocol and/the GSB decision dated May 20, 2010 and copies of documents created for or by other Ministries re McNeil disclosure;

ii) List of all prosecutions from the Enforcement Ministries since January 2009 (date of McNeil). Attached to the list should be the names of the lead/primary officers/inspectors. These lists shall be provided with highlights for which of those prosecutions that the Crown has requested CPIC checks or disclosure of discipline (“McNeil checks”);

iii) A list of Enforcement Ministries where there is no process in place to do McNeil checks as of: a) the time of the grievance and b) October 19, 2010.

3The Employer will advise the Union of its position with respect to these matters by October 26, 2010. In the event that the parties are unable to resolve these issues, a hearing will be convened by conference call.