GSB# 2016-2839

UNION# 2017-0108-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Laverty)

Union

• and -

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

Employer

BEFORE

Joseph Carrier

Arbitrator

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 29, 2018

DECISION

1The employer is hereby ordered to produce to the union, no later than April 13, 2018, the following items:

1. A copy of the Grievor’s personnel file;

2. Copies of all exhibits to the CSOI report dated August 15, 2016;

3. Complete copies of any relevant log books that contains entries for which the grievor was disciplined;

4. A copy of a standard shift changeover certificate;

5. Any discipline that was imposed on any other staff members (including any member of management) flowing from or concerning the events of August 23, 2015 relating to inmate FD;

6. Copies of any relevant policies which were in force during the relevant time periods, including but not limited to:

a. The Logbook Policy;

b. The Shift Change-Over policy;

c. The Medication Issue Policy;

d. The Memorandum dated June 26, 2015;

e. Arguably relevant portions of the Institutional Services Policy and Procedures Manual;

f. Any arguably relevant standing orders;

g. The Statement of Ethical Principles; and

h. Correctional Services Code of Conduct and Professionalism.

7. Particulars and documents regarding the steps the employer asserts it took after the 2013 incident to address staff compliance with policy and standing orders. These particulars should include details of when these measures or steps were brought or directed to the Grievor’s attention.

8. Copies of any other documents upon which the employer intends to rely in this case.

2This Decision is being issued on mutual consent of the Parties who have also acknowledged and agreed, and I confirm, that the Grievor’s personnel file may be produced later than April 13, 2018.