GSB#2019-1926; 2019-2982; 2019-2983; 2020-0096

UNION#2019-0499-0066; 2020-0499-0004; 2020-0499-0005; 2020-0499-0026

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Guilbeault)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Marilyn A. Nairn

Arbitrator

FOR THE UNION

Laura Johnson Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Adrienne Couto Liquor Control Board of Ontario Counsel

HEARING

March 24, 2022

Interim Decision

1The Union has filed a number of grievances on behalf of Bruce Guilbeault, the Grievor. The primary issue is a challenge to the Employer’s decision to terminate the Grievor’s employment. That decision was taken following an investigation which produced a written report. That report has been produced to Union counsel pursuant to the undertakings applied below, which are usual and appropriate in respect of the production of documentary materials in anticipation of litigation.

2The Grievor is entitled to review that report for purposes of the hearing of his grievances. The Grievor seeks to make that report available to family members who are supporting him in the conduct of his grievances. The Employer does not object, provided the individuals involved understand and accept the appropriate undertakings.

3I therefore direct that Iona Green, Esme Green and Miles Green may review the investigation report subject to their individual agreement to the following conditions and undertakings:

a). The investigation report, in whatever format (electronic, paper, etc.), is to be kept confidential by the Grievor and by the above-named individuals;

b). No copies are to be made of the investigation report in whatever format (electronic, paper, etc.) except for the purpose of the hearing of this matter, which can include providing the Grievor with a copy. In that regard, no copies of the investigation report are to be retained or circulated by any third party, including the above-named individuals;

c). The investigation report is to be used for the purpose of this hearing only, and for no other, or improper purpose;

4Access to the investigation report is being provided with the expectation and assurance of confidentiality as described above. Any alleged breach of confidentiality or alleged breach of the above undertakings may be raised before the arbitrator for determination, including the determination of an appropriate remedy for any finding of a breach of this Order.