GSB# 2016-2532; 2017-2157; 2017-2354; 2018-1449; 2018-1450; 2018-1638; 2018-3732

UNION# 2016-0536-0003; 2017-0536-0004; 2017-0536-0005; 2018-0536-0002; 2018-0536-0003; 2018-0536-0004; 2019-0536-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pozderka)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Deborah J.D. Leighton

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 10, 2020

INTERIM DECISION

1Whereas the parties have agreed to proceed by Zoom given COVID-19. And the Employer will continue by leading evidence on the discipline grievances.

2And whereas the Union has advised that in order to proceed it needs to share arguably relevant documents with the Grievor for the purpose of preparing its case.

3And whereas the Employer has raised concerns about maintaining confidentiality of the materials relevant to this proceeding.

4I hereby confirm the order made orally at the hearing on July 10, 2020 as follows:

a. the Union is permitted to share arguably relevant documents with the Grievor in order to prepare for cross-examination of the Employer’s witnesses on the following conditions;

b. 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;

c. 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;

d. confidentiality of all documents shall be maintained after the conclusion of these proceedings, save for the enforcement of this direction.

5It is hereby further ordered that in the event of a breach of this order the Board will hear submissions on the appropriate remedy, up to and including the potential for the dismissal of all the grievances currently before the Board.