GSB# 2016-2529; 2016-2853

UNION# 2016-0727-0010; 2017-0727-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fletcher)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources and Forestry)

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Alex Zamfir Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 5, 2018

DECISION

1I have two grievances before me filed by Mr. R. Fletcher. At the hearing on July 5, 2018, the parties addressed a number of preliminary matters, including the Union’s request for the production of certain documents. The documents requested by the Union are arguably relevant to the issues in this proceeding and the Employer has agreed to produce them by no later than August 17, 2018. Counsel requested that I provide a direction that incorporates their understanding of the documents to be produced and the conditions which govern their production. Accordingly, I hereby direct the Employer to produce the following documents to Union counsel by no later than August 17, 2018:

1. An unredacted copy of the final report of the workplace assessment relating to Mr. Fletcher conducted by James Docherty and Associates.

2. An unredacted copy of the terms of reference for the workplace assessment relating to Mr. Fletcher conducted by James Docherty and Associates.

3. Unredacted copies of any witness statements, questions, notes, or other documents relied on for the workplace assessment relating to Mr. Fletcher conducted by James Docherty and Associates.

4. Any other documents on which the Employer intends to rely.

2The following conditions will apply to this direction. The Parties will take all necessary steps to protect the confidentiality of the information that comes into their possession from James Docherty and Associates by way of production in this proceeding. No copies of the documentary material may be made except for the purposes of this proceeding and the documentary material may only be used for purposes of this proceeding. Any copies of the documentary material shall be returned to counsel for the Employer or destroyed at the conclusion of this proceeding except for copies retained by Union and Employer counsel for their respective files and confidentiality shall be maintained after the conclusion of these proceedings, save for the enforcement of this direction. This direction is being issued without prejudice to any

position either party may take in this or any other matter, save for the enforcement of this direction.