GSB#2011-3658, 2011-3659, 2011-3660, 2011-3661

UNION#2012-0128-0002, 2012-0128-0003, 2012-0128-0004, 2012-0128-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Esser et al)

Union

• and -

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

Employer

BEFORE

M.V. Watters

Vice-Chair

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Jennifer Richards Ministry of Government Services Labour Practice Group Counsel

HEARING

June 28, 2012.

Decision

1Following submissions from the parties with respect to the Union’s request for particulars and production of documents, and the Employer’s request that conditions be imposed on the provision of same, I ordered as follows:

(i) The Employer provide particulars in respect of the discipline imposed on all grievors, including those grievors whose cases have been consolidated in this proceeding; any post-termination incidents and evidence on which the Employer may rely; the discipline imposed on Derek Wilkins; and the exchange of information between the Sarnia and London Police Forces and the Employer relating to the grievance of Derek Wilkins;

(ii) The Employer produce all documents on which it intends to rely, including the CISU Report and all documents contained in the Exhibit Register; all documents relating to the second investigation and the CISU Report in respect of Derek Wilkins; documents relating to any post-termination incidents and evidence on which the Employer may rely in respect of the grievance of Derek Wilkins; and any video, audio or written statement received from the Sarnia Police Force related to the second investigation concerning Derek Wilkins;

(iii) The particulars and production ordered above be provided to the Union by Friday, September 7, 2012; and

(iv) The provision of particulars and production of documents is subject to the following conditions: any material disclosed is only to be used for the purposes of this litigation, and for no other purpose; any information disclosed is not to be provided or disseminated to anyone else except upon the further order of this Vice-Chair; at the conclusion of this litigation, all documents and other material disclosed will be returned by the grievors and will be retained only by counsel for the Union; and the particulars and documents produced can be shared with the second lawyer to be retained by the Union to represent those grievors who are in a conflict of interest position. Such lawyer is also subject to the above-described conditions.

2I note that the Employer consented to the substance of this order in respect of the particulars and production requested. The Union consented to the conditions attached thereto without prejudice to any position it may wish to take in future proceedings.

3Any additional issues relating to the provision of particulars or the production of documents can be addressed by the parties through a conference call with this Vice-Chair or on a scheduled hearing date.