GSB# 2018-2807; 2018-2808

UNION# 2017-0506-0011; 2017-0506-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Malloy et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

December 17, 2020 (by teleconference)

Decision

1These are grievances which are scheduled for hearing in May of 2021. By letter dated November 26, 2020 the Union sought the production of certain documents from the employer which it believed were necessary to prepare for the hearing of these matters. The production was not made and accordingly the Board scheduled a conference call before me to deal with the Union’s production request.

2At the conference call, held on December 17, 2020, I heard submissions from the parties regarding the Union’s production request. I am satisfied that, in principle, the documents it has requested are arguably relevant to these matters and accordingly I order the production of the following:

1. Copies of any investigation reports that were conducted in relation to the Grievors’ complaints outlined in the particulars filed by the Union, as well as any underlying documentation including, but not limited to, interview notes, emails, letters, memoranda, correspondence and any other documents that were generated or reviewed as a part of any such investigation.

2. Copies of any notes that any Managers made in relation to any of the incidents outlined in the particulars, including, but not limited to, any contemporaneous notes made during any meetings that related to the issues and incidents raised in the Union’s particulars.

3. Complete copies of the personnel files of the two Grievors.

4. Any documents the Employer anticipates relying on in the hearing of these matters.

5. Any other arguably relevant documents.

3The Employer retains the right to argue that any of the documents ordered to be produced are privileged or irrelevant. The documents must be produced as soon as it administratively possible to do so. I remain seized of these matters.