GSB#2015-1330

UNION#2015-0453-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dubuc)

Union

• and -

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

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Jesse Gutman Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER FOR ONTARIO PROVINCIAL POLICE

Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel

Lynn Donnelly Counsel

TELECONFERENCE

February 1, 2018

Decision

1The trade union seeks an order that the Ontario Provincial Police (“OPP”) produce all documents from its investigation file that pertain to the cause and origins of a fire at Place Mont Roc.

2While reserving its right to object to the relevance and admissibility of any such documents, the employer did not oppose their production.

3For its part, counsel for the OPP indicated that it was unsure of what would constitute the dividing line between documents in the file that do and those that do not pertain to the cause and origin of the fire. However and subject to what follows, she indicated that her client had no difficulty, pursuant to an order of this Board, producing the investigation file in its entirety. She retained the right to redact or withhold documents should the OPP be of the view that any release would pose difficulties, including any prejudice to law enforcement interests or those of third parties. She also indicated that, in view of the volume of materials which comprise the investigation file, it might take up to six months to effect the production.

4Having regard to the submissions of the parties, I hereby direct that the OPP produce its investigation file.

5The union took no issue with the OPP’s estimate of the amount of time which might be required to effect the production.

6I shall remain seized should there be any issues relating the production herein directed.