GSB#2007-2368, 2007-2369

UNION# 2007-0229-0019, 2007-0229-0020

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ireland/Bujeya)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Omar Shahab Ministry of Government Services Legal Services Branch Counsel

HEARING

December 15, 2010.

Decision

1At our first day of hearing the parties resolved some of the outstanding grievances. They also agreed to consolidate an additional grievance regarding a WDHP complaint. This agreement was without prejudice to any preliminary objections that may be raised relevant to the grievances.

2The Union confirmed that it has withdrawn the grievance of Pina Trotter on a without prejudice basis (GSB# 2007-2605).

3The grievances of Rob Bujeya (OPSEU#2007-0229-0020) and Daphne Ireland (OPSEU#2007-0229-0019) and Jeff Johnston (OPSEU#2007-0229-0026) are proceeding along with those identified in Paragraph 1 above.

4The Parties are agreed that an order for disclosure is required to release the ASP files and absenteeism records including any letters relevant to requests for an IME, for the following employees: Bonnie McArthur, Frank Frano, Dave Suderman, Tom Cook, Linda Leece, Jim O'Hare, Brenda Murray, Alan Taylor-Baptiste, Rob Bujeya, Jeff Johnston and Daphne Ireland. The parties understand and agree that the disclosure for those listed, other than the Grievors, will only be disclosed to Counsel for the Union for the sole purpose of the arbitration and will be photocopied only for the purposes of conducting this hearing. Those copies shall not be distributed without the written authorization of the Vice-Chair.

5It is so ordered.