GSB# 2015-3339; 2015-3340; 2016-2476; 2016-2477

UNION# 2015-0234-0203; 2015-0234-0204; 2017-0234-0011; 2017-0234-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Foley et al)

Union

• and -

The Crown in Right of Ontario

(Ministry of Community Safety and Correctional Services)

Employer

BEFORE

David R. Williamson

Arbitrator

FOR THE UNION

Tim Hannigan

Ryder Wright Blair & Holmes LLP

Counsel

FOR THE EMPLOYER

Shiran Brener

Treasury Board Secretariat

Legal Services Branch

Counsel

HEARING

October 11, 2018

DECISION

1A hearing was held on October 11, 2018, in relation to two grievances of Elaine Foley and the two grievances filed by Kim Fisher.

2Having heard the submissions of the parties in regards to the issue of disclosure the following Order is hereby made.

3The Employer is hereby ordered to disclose and produce to the Union by no later than January 31, 2019, any and all arguably relevant documents related to the filing of the four grievances 2015-0234-0203, 2015-0234-0204, 2017-0234-0011, 2017-0234-0012, and which carry the GSB case numbers of 2015-3339, 2015-3340, 2016-2476, 2016-2477.

4For greater clarity these arguably relevant documents are to include occurrence reports, inmate statements, investigation notes, and WDHP reports to the Union. Also, these arguably relevant documents are to include documents related to Mr. Mark Cameron’s medical condition, treatment, or history for the time period from July 1, 2015 to January 31, 2017.

5All of the foregoing documents related to Mr. Mark Cameron’s medical condition, treatment, or history, are to be produced with the following limitations and restrictions:

(a) That no photocopies will be made.

(b) That OPSEU legal counsel will maintain the documents under strict control at

all times and will return the documents to Employer counsel at the end of

the proceedings.

(c) That the Grievors will be allowed to review these documents only in the

presence of their legal counsel.

(d) That the Grievors undertake to not discuss or disclose any matter contained in

or pertaining to the documents with anyone outside of legal counsel.

6All of the other foregoing arguably relevant documents, including occurrence reports, inmate statements, investigation notes, and WDHP reports to the Union, are to be produced with the limitation and restriction that the Grievors undertake to not discuss or disclose any matter contained in, or pertaining to, the documents with anyone outside these proceedings.