GSB# 2022-12215

UNION# 2023-0310-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Menzies)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour, Immigration, Training and Skills Development)

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Georgina Watts Morrison Watts Counsel

FOR THE EMPLOYER

Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel

Decision

1This is a discharge case. In advance of the hearing of this matter I was asked to Order the production of certain documents under particular conditions. I am prepared to do so. I hereby Order:

1. The Investigation Report, the appendices, and all non-privileged materials that were before the investigator in preparing the Investigation Report shall be produced by the Employer to the Union.

2. The production of the materials set out in paragraph 1 above is subject to the following conditions:

a. Counsel for the Employer will send the documents to counsel for the Union in electronic format.

b. Counsel for the Union will be permitted to make a physical copy of all documents for his use (and an additional copy as necessary for use by any Union co-counsel). Electronic documents will not be forwarded, save and except as per 2(c). At the conclusion of the hearing, any copies of the documents created by counsel for the Union will be destroyed except for a copy of the documents that counsel for the Union will retain in his files.

c. Counsel for the Union will be permitted to forward the documents in electronic format to one designated Union advisor, should there be one, on the condition that the designated Union advisor (i) will not show the documents to anyone for any purpose other than preparation for arbitration, (ii) will not discuss the contents of the documents with anyone for any purpose other than preparation for arbitration, (iii) will not forward or make any physical or electronic copies of such documents, and (iv) will delete the electronic copy of the documents forwarded to them by counsel for the Union at the conclusion of the hearing.

d. Counsel for the Union will be permitted to share the contents of the documents produced with the Grievor on the understanding that the Grievor:

(i) will not show the documents to anyone for any purpose other than preparation for arbitration, (ii) will not discuss the contents of the documents with anyone for any purpose other than preparation for arbitration, (iii) will not forward or make any physical or electronic copies of such documents, and

(iv) will delete the electronic copy of the documents forwarded to them by counsel for the Union at the conclusion of the hearing. The Employer may provide a copy of the document specifically to provide to the Grievor with security settings that will not allow for editing, printing, or cutting and pasting, and/or with a watermark.

There will be no other changes or redactions to the document (“the Grievor’s Version”). If the Employer provides a Grievor’s Version the Union will provide that version to the Grievor.