Ontario Public Service Employees Union (Kopas) v. The Crown in Right of Ontario (Ministry of Attorney General), 2016 CanLII 7446

GSB#2014-3672, 2014-4398

UNION#2014-0227-0003, 2015-0227-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kopas)

Union

• and -

The Crown in Right of Ontario (Ministry of Attorney General)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Counsel

CONFERENCE CALL

January 12, 2016

Decision

1The board is seized with two grievances filed by the grievor, Ms. Kerry Kopas. The parties requested teleconference with the Vice-Chair to deal with certain disclosure issues. Having regard to the positions of the respective parties, the Board orders as follows:

A. The employer shall forthwith produce to the union, all audio files of interviews conducted by the PSB, OPP investigation number 2545014-0144. These files may only be used for purposes directly related to the instant proceeding. Union counsel may provide the union representative and the grievor a copy of these files, on condition that neither the union representative nor the grievor may make any additional copies or disseminate these materials to any other person for any purpose. Upon the conclusion of the instant proceeding, the grievor and the union representative shall forthwith return all copies received by them to union counsel, who may retain one copy for his litigation file, but shall forthwith return all other copies to counsel for the employer.

B. Within two days of the date of this order, the employer shall produce to counsel for the union, all video footage in the possession of the employer, which is relevant to the grievor’s termination. The production ordered herein, shall be subject to the same conditions set out in relation to the order in (A) above.

C. Counsel for the employer shall produce to union counsel, a map of the Orangeville courthouse. Union counsel may share this copy with the union representative and the grievor as he deems fit. The Board recognizes the general practice of providing union representatives and grievors their own copies of exhibits if they so request. However, in balancing that with concerns expressed by the employer about the potential for compromising the safety and security of the judiciary and the staff at the courthouse, I have concluded that the request that copies of the courthouse map be provided to the union representative and the grievor must be denied. The union conceded that the union representative and the grievor are very familiar with the layout of the Orangeville courthouse. Given that familiarity, together with the ability of union counsel to freely share his copy of the map with the union representative and the grievor, the Board is satisfied that their ability to instruct and consult with union counsel would not be impeded because they do not have their own copies. The Board does not doubt that the union and the grievor would not intentionally breach any conditions for confidentiality the Board may attach. However, in the absence of any prejudice, it is not necessary or appropriate to take the risk that when multiple copies of the map are given out, one may be accessed by others, without knowledge or consent of the union representative or the grievor or through inadvertence on their part.

2The parties jointly requested that the hearing date scheduled for Tuesday January 19, 2016 be used to facilitate the Vice-Chair taking a view of the Orangeville courthouse. The Board consented. This proceeding will continue on January 19, 2016, with the taking of that view.