GSB#2010-2654; 2012-0727; 2013-3214; 2014-0350; 2014-3305; 2014-3846; 2014-4854;
2015-0390; 2015-0494; 2015-0495; 2015-0496; 2015-0913; 2015-0914; 2015-0915;
2015-0916; 2015-1310; 2015-1311; 2015-1312; 2015-1313; 2015-1314; 2015-1315;
2015-1316; 2015-1317; 2015-1318; 2015-1319; 2015-1320; 2015-1321
UNION#2010-0234-0283; 2012-0234-0066; 2013-0234-0359; 2014-0234-0061; 2014-0234-0458; 2014-0234-0508; 2015-0234-0030; 2015-0234-0058; 2015-0234-0069; 2015-0234-0070;
2015-0234-0071; 2015-0234-0085; 2015-0234-0086; 2015-0234-0087; 2015-0234-0088;
2015-0234-0108; 2015-0234-0109; 2015-0234-0110; 2015-0234-0111; 2015-0234-0112;
2015-0234-0113; 2015-0234-0114; 2015-0234-0115; 2015-0234-0116; 2015-0234-0117;
2015-0234-0118; 2015-0234-0119
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Pacheco)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Ken Petryshen
Arbitrator
FOR THE UNION
John Brewin Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel
HEARING
October 25, 2017
Decision
1In a decision dated October 6, 2017, I directed the Employer to respond to certain questions from the Union relating to what can be described as the computer wipeout issue. Two of the questions posed by the Union are as follows:
Please provide the written instructions to the technicians and the company governing the “refreshing” procedure at Maplehurst including the Bailiff operations in place in 2016 and 2017 including applicable contracts.
Please provide any and all documents setting the procedures in place for “refreshing” computers in the Ministry including Maplehurst and the Bailiff operations.
2The Employer did respond to these two questions, but not to the satisfaction of the Union. Counsel and I discussed the concerns of the Union about this matter at the hearing on October 25, 2017. In light of the discussion, I direct the Employer as follows:
The Employer is directed to produce any written instructions provided to technicians and the service provider governing the refreshing procedure at Maplehurst including the Bailiff operations that were in place in 2016 and 2017. The Employer shall produce any contracts pertaining to the refreshing procedure in 2016 and 2017. The Employer shall produce any and all documents setting out the procedure in place for refreshing computers in the Ministry including Maplehurst and the Bailiff operations. The Employer may redact any of the items ordered produced in this direction to ensure that sensitive or confidential information is not disseminated. The documents shall be produced no later than 30 days from the date of this direction.
Dated at Toronto, this 8th day of November 2017.