GSB#2013-1169; 2013-1170; 2016-0302; 2016-2388; 2018-0102; 2018-0615

UNION#2013-0424-0002; 2013-0424-0003; 2016-0424-0001; 2017-0424-0001; 2018-0424-0008; 2018-0424-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ranger)

Union

• and -

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

Employer

BEFORE

Daniel Harris

Arbitrator

FOR THE UNION

Craig Flood Koskie Minsky LLP Counsel

FOR THE EMPLOYER

Stewart McMahon Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

January 23 and February 6, 2019

Interim Decision

1In order to implement the Board Order issued on or about December 20, 2018 with respect to the Grievance of Robert Ranger in GSB 2018-0120, which required production of relevant documents, including production of the videos which are arguably relevant to the Grievance, the Board, having regard to both the agreements between the parties and their respective submissions as provided at the hearings of January 23, 2019 and February 6, 2019, hereby orders as follows:

1. The Employer will produce for examination any video from the OCDC retained for any purpose during the period from November 23, 2017 to September 23, 2018, which captures any images of the following individuals:

I. Paul Rabb

II. Doug Rasmussen

III. Dean Joncas

IV. Marc Laurian

V. Peter Plouffe

VI. Mike Grimes

VII. Alain Whissel

VIII. Steve Garnett

IX. Denis Collin

X. Dave McFadden

XI. Darren Murch

XII. Larry Hope

XIII. Sue Horner aka Sue Spike

XIV. Kevin Spike

XV. Doug Horner

XVI. Stephen Ashdown

2. In addition to the aforementioned persons, the Employer shall produce for examination any additional video from the OCDC retained for any purpose during the period from November 23, 2017 to September 23, 2018, which depicts any additional persons identified during the review of the video depicting to the wearing of the article of clothing referenced in the Grievance, as particularized by the Union.

3. In order to effect production of the videos, the Employer shall make available for inspection the videos in the following manner:

I. The video will be made available for examination by the Union, and Mr. Ranger, at a neutral location;

II. The Union will identify to the Employer by time, date and place the appropriate portions of the video for further use in the proceeding;

III. The Union will use its best efforts to identify and advise counsel to the Employer in advance the identity of counsel or representative of counsel who will attend for the examination of the video and ensure that any counsel or representative of counsel who attends for the examination of the video is not involved in any existing proceedings against the Crown related to Ottawa Carleton Detention Centre, save and except proceedings before the Grievance Settlement Board and/or the Ontario Labour Relations Board; and

IV. The Employer will make those portions of the video available in an un-redacted form and in a format which can be used at the hearing and which can be made an exhibit before the Grievance Settlement Board.

4. The production of documents is subject to the following undertakings and conditions:

i. The video made available for inspection and for use in the proceeding shall not be copied, distributed nor reproduced in any manner, nor used for any other purpose or proceeding;

ii. The video made available for inspection and for use in the proceeding is agreed to contain confidential personal information and information that may pose safety and security concerns and will be treated accordingly;

iii. The video produced to the Union for use in the proceeding will be returned to the Employer, without a copy being made, at the conclusion of the proceedings and any judicial review and/or appeal arising therefrom; and

iv. The Union will cooperate with the appropriate and reasonable deletion from the video of confidential personal information and information that may pose safety and security concerns.

5. As agreed upon at the hearing of February 6, 2019, the Employer shall immediately, as of that date, take all measures to retain and preserve such additional video images that may be relevant to the Grievance from and after December 1, 2014.

6. This Order is without prejudice to the Union's right to seek additional production of relevant video images from and after December 1, 2014.

2I remain seized of any disputes arising from this Order.