GSB#2014-4401, 2015-1575

UNION#2014-0506-0014, 2015-0506-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Raja)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Nimal Dissanayake

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Lisa Compagnone Treasury Board Secretariat Legal Services Branch Counsel

SUBMISSIONS

September 7, 2016

Decision

1The Board is seized with two grievances filed by Mr. Faisal Raja, who was dismissed for cause from his probationary status as a Transportation Enforcement Officer, effective December 10, 2014. One claims that his dismissal was without just cause and also alleges discriminatory treatment by the employer because of his racial and ethnic background. The second grievance relates to an expense claim that had been denied.

2The hearing into the dismissal grievance was commenced with the employer leading its evidence. Following the last hearing date on June 13, 2016, the parties engaged in communications via electronic mail and jointly requested that the Board issue an order based on terms agreed upon between them. In all of the circumstances, the Board agreed to issue the order requested.

Therefore the Board orders as follows:

In response to the union's request for disclosure the employer is hereby ordered to disclose a copy of the Grievor's Ministry notebook on the grounds that it is arguably relevant. The Employer may redact from the profferred notes, matters that are not relevant to these proceedings, including matters that are confidential to persons not connected with the matter before the Board. The notes are to be used only for the purpose of the litigation of the grievances presently before the Board, and are to be returned to the Employer upon the conclusion of the hearing. As well, documents disclosed by the Employer pursuant to this Order shall not be copied or shared other than with the consent of counsel for the Employer or at the direction of the Board.

3The Board remains seized, and the hearing will continue on the dates scheduled.