GSB#2012-3907

UNION#2013-0338-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grievor)

Union

• and -

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

Employer

BEFORE

Ken Petryshen

Vice-Chair

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Robert Fredericks Ministry of Government Services Legal Services Branch Counsel

HEARING

November 25, 2013

Decision

1I have before me a grievance filed on behalf of the Grievor dated January 14, 2013, challenging the termination of her employment as a Probation and Parole Officer. The Employer terminated the Grievor’s employment effective January 14, 2013.

2During the proceedings, the Union requested the Ontario Provincial Police (“OPP”) to produce the complete investigation file relating to a complaint of sexual assault made by the Grievor occurring on or around August 28, 2011. The Union has requested that I issue an order to the OPP directing it to produce the requested material. Having regard to the circumstances, the nature of the Union’s request and the written submissions of OPP counsel, I find it appropriate to order the production of the requested material.

3Accordingly, I hereby direct the OPP to forthwith produce a copy of the complete investigation file arising from the sexual assault complaint made by the Grievor to Union counsel, with the following conditions:

1. The records produced will be those created by the OPP during the course of this investigation only.

2. Personal information of non-parties will not be included.

3. Any information which could compromise law enforcement interests, including confidential law enforcement material and informant information, CPIC and FPS numbers and other confidential police codes and identifying numbers will be redacted.

4. Any information over which privilege is claimed will be redacted.

5. The records produced to counsel for the Union shall be used by counsel for the sole purpose of this proceeding and by the parties to this proceeding for the full and fair disposition of the issues in this proceeding, and may not be otherwise disclosed or produced to any other person.