GSB#2012-2797

UNION#2012-0542-0022

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Thompson)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Robert Fredericks Ministry of Government Services Legal Services Branch Counsel

SUBMISSIONS

December 12, 2013

Decision

1I have before me a grievance filed on behalf of the grievor dated October 12, 2012. During the proceedings, the Union requested the Ministry to produce a copy of the Family Responsibility Office’s Case Management System (“FCMS”) records for the client involved in the incident that occurred on or around August 22, 2012. The Union has requested that I issue an order to the Ministry directing it to produce the requested material.

2Having regard to the circumstances, the nature of the Union’s request and the submissions of the parties, I find it appropriate to order the production of the requested material, with the following conditions:

1. The FCMS records produced will be restricted to the client in issue for the period from March 21 to September 14, 2012.

2. All personal information of the client, as defined by ss. 2(1) of the Freedom of Information and Protection of Privacy Act, will be redacted.

3. The FCMS 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. In particular, counsel for the Union shall not make any additional copies of the records and shall not provide a copy of the records to the grievor.