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 THE OFFICE OF THE CHIEF CORONER

Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel

Hera Evans Counsel

HEARING

July 12, 2018

Decision

1The trade union seeks an order that the Office of the Chief Coroner (the “Coroner”) produce certain documents that pertain to a fire at Place Mont Roc which resulted in two fatalities.

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 Coroner indicated that it would produce the documents requested should the Board so order. Neither did it object to the issuance of such an order.

4Having regard to the submissions and positions of the parties, I directed, orally, at the hearing, that the Coroner produce its investigation statements with respect to the two individuals who perished as a result of the fire.

5My order of production is subject to the usual conditions. The documents produced are to be treated as confidential and are not to be distributed beyond counsel and their instructing clients (including the grievor). Further, these documents are to be used exclusively for the purpose of the instant proceeding and for no other purpose.

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