GSB#2011-2422, 2012-2253

UNION#2011-0290-0059, 2012-0290-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Coelho)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Michael Lynk

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel

CONFERENCE CALL

November 14, 2014

Decision

By the authority vested in me, I make the following interim orders with respect to the production of documents:

1Documents that are not “confidential” may be shared with those who need to have them for the purposes of the Employer counsel’s preparation of the case. As this is a personnel matter, those with whom the documents are shared may not share or discuss the contents with others, except on a need-to-know basis and on the basis that they are to be kept confidential. Only when the hearing takes place and the documents are entered into evidence do they become public.

2“Confidential” documents are those which contain information about the Grievor’s medical condition or are documents that are in the Grievor’s WSIB or Manulife file.

3“Confidential” documents and the information in them may be shared by the Employer counsel only with Santo Lisi, Roger Chouinard and Karen Martin for the purpose of obtaining instructions or preparation for the hearing. They may not share the documents or the information in the documents with anyone else, without the consent of Union counsel or by order of the Board. They may not make copies of those documents. When the proceedings are completed they will return all copies to Employer counsel and she will either destroy them or put them in a place to which only she or her successors as counsel for the Employer will have access. Employer counsel will advise Union counsel when this has been done.

4Notwithstanding paragraph 3, the Employer is entitled to review the confidential documents and the information in them that it has received from the Union with Ms. Hossein, Ms. Burrell and Ms. Wong, provided that doing so is strictly necessary for the purposes of preparing witness testimony, and that the documents and information shared is conducted solely on a need-to-know basis. The terms listed in paragraph 3 with respect to the sharing and copying of documents, and with respect to the ultimate disposal of the documents, apply equally to the directions in this paragraph.

5Union counsel will endeavour to provide Employer counsel with a list of documents he intends to introduce in evidence. All such documents may be discussed with those with whom Employer needs to consult in preparation of the case. Once the documents are introduced as evidence they will be treated as public documents, subject the general practice in proceedings before the Board of protecting the Grievor’s privacy as far as reasonably possible in the circumstances.