GSB# 2019-1802

UNION# 2019-0411-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Valliant)

Union

• and -

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

Employer

BEFORE

M.V. Watters

Arbitrator

FOR THE UNION

Mae J. Nam Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 8, 2020

Decision

1A Conference Call was held between this Arbitrator and counsel for the parties on May 8, 2020 relating to the disclosure of documents and the provision of particulars.

2The parties consent to the issuance of the following Order:

1. The Employer is to disclose the following documents to the Union by May 15, 2020:

• The Grievor’s full employment file (including all documentation relating to performance issues, letters of counsel/discipline, and employment contracts/ renewals). It is understood and agreed that the Employer is not in a position to provide all of this information at this time due to the COVID-19 pandemic. The Employer will provide the WEAR forms that are in counsel’s possession;

• All documentation including but not limited to all occurrence reports, policies, directions, memos, emails, correspondences, letters, recordings, videotapes, transcripts, interview notes, investigation or incident reports related to incidents that led to the Grievor’s termination;

• All documentation related to any coaching, training and/or orientation for the Grievor on the Conflict of Interest policies and guidelines, and the Institutional Policy and Procedures Manual;

• The full CSOI investigation file, including information on all complaints that were investigated, whether substantiated and or not-substantiated;

• All discipline given out as a result of the investigation, including but not limited to discipline provided to the recreation staff; and

• Any document the Employer intends to rely upon.

2. The Union is to provide particulars to the Employer relating to the Grievor’s allegations of sexual harassment by June 15, 2020.

3The above time-lines may, if necessary, be amended by agreement of the parties, failing which any change sought may be addressed through a teleconference with this Arbitrator.