Ontario Public Service Employees Union (Cooper) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2021 CanLII 82501

GSB# 2020-2496; 2020-2498; 2020-2499; 2020-2500; 2020-2501; 2020-2502; 2020-2503; 2020-2504

UNION# 2021-0411-0003; 2020-0502-0014; 2020-0502-0015; 2020-0502-0016; 2020-0502-0017; 2020-0502-0019; 2020-0502-0021; 2020-0502-0022

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cooper)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Arbitrator

FOR THE UNION

Matthew Appignanesi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Julia Evans Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING DATE

July 28, 2021

DECISION

1As a result of the mediation/arbitration held via teleconference on July 28, 2021, I order the following:

1. Produced documents - The employer will produce to union counsel the chart setting out the scores for the incumbents selected as a result of the grieved competition. The employer will also provide the materials reviewed by the interview committee for each grievor, which includes the ideal answer for each interview question.

2. The confidentiality of these documents shall be maintained.

3. The documents provided to union counsel are to be used solely for the purposes of the mediation and or litigation of grievance 2020-2496.

4. Union counsel is authorized to disclose the produced materials to his client and the grievors to the extent necessary for the purposes of the mediation and or litigation of grievance 2020-2496 and the conditions of production set out in this Order also apply to the grievors and to OPSEU.

5. The produced documents are not to be copied or distributed except to the extent necessary for the mediation and or litigation of grievance 2020-2496.

6. Neither the documents nor their contents shall be disseminated or discussed with anyone outside of this arbitration process.

7. All copies of the produced documents are to be destroyed or returned to the employer, at the employer’s option, at the end of the litigation of grievance 2020-2496, which would include any period for judicial review.

8. The production directions in this decision are without prejudice to any position that either party may take in respect of future production requests if and as they arise.