GSB# 2019-0873

UNION# 2019-0526-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Benjamin)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Diane Gee

Arbitrator

FOR THE UNION

Avril Dymond Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Julia Evans Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

October 5, 2020

Decision

1This matter is a grievance filed by the Union on behalf of Andre Benjamin. Mr. Benjamin was disciplined, in part, as a result of an incident that occurred in a. court room, near or at the court lunch recess, on November 9, 2018. There is a dispute between the parties as to what transpired in the court room on that date and time. The court recording is arguably relevant to this dispute.

2Accordingly, I hereby order the Employer to forthwith produce to the Union the court recording from R v Project Lincoln, in the Ontario Court of Justice, K Court, before Justice L. Favret on November 9, 2018 from 1:06 pm to approximately 1:30 pm.

3This matter Is scheduled to continue on October 30, 2020.