GSB# 2015-1734

UNION# 2015-5112-0158

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pouli)

Union

• and -

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

Employer

BEFORE

Tanja Wacyk

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel

CONFERENCE CALL

January 20, 2015

DECISION

1Union counsel requested an order for the production of the report and findings from the investigation of the grievor’s sexual harassment complaint. The investigation was conducted pursuant to the employer’s Workplace Discrimination and Harassment Prevention Policy (WDHP).

2Employer counsel did not dispute the report and findings were arguably relevant to the grievances scheduled to be heard on February 10, 2016.

3However, employer counsel pointed out the grievor remained off work as a result of the issues dealt with in the report, and the WDHP provides findings are not to be disclosed to grievors until they return to work, on the basis doing so earlier may exacerbate their illness. Accordingly, the employer resisted the union’s request on the basis production of the report and findings at this time may exacerbate the grievor’s illness.

4The union pointed out the grievor, pursuant to the employer’s request, had provided medical documentation indicating she was medically capable to participate in the investigation process.

Disposition:

5Having regard to the submissions of the parties, I hereby direct the employer to provide to the union, a copy of the report and findings of the investigation conducted into the grievor’s complaint. The employer is directed to do so by no later than the close of business on January 27, 2016.