Grievance Settlement Board
GSB# 2022-12216
UNION# 2023-0310-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Gold)
Union
- and -
The Crown in Right of Ontario (Ministry of Labour, Immigration, Training and Skills Development)
Employer
BEFORE
Christopher Albertyn
Arbitrator
FOR THE UNION
Adam Veenendaal Morrison Watts Counsel
FOR THE EMPLOYER
Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel
Decision
1Having consulted with the parties, on their consent, I hereby direct that 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.
2The 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 their 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 their files.
c. Counsel for the Union will be permitted to forward the documents in electronic format to the grievor and to one designated Union advisor, should there be one, on the condition that the grievor and 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.
3In order to ensure maximum confidentiality regarding the documents to be produced as a result of the orders set out in paragraphs 1 and 2 and directions set out above, I direct the parties, their officers, agents, employees, and counsel to abide by the following order with respect to the use of documents produced at any time in this proceeding, whether or not they are entered into evidence at the hearing:
a) All documents are to be kept confidential as among the parties;
b) No copies are to be made of any document except (as set out above) for the purpose of the arbitration;
c) The documents are to be used for the purposes of this arbitration only and for no other or improper purpose;
d) All copies of all documents are to be destroyed at the conclusion of this grievance and any judicial review proceedings arising out of this grievance, save for one copy to be retained by each counsel in their file.
4The Employer will satisfy its obligations under this production order and will respond to the Union’s request for additional production by August 31, 2023.
5The Parties will confer with a view to resolving any disputes respecting production, but if they cannot do so, they will schedule a meeting with arbitrator to resolve any outstanding dispute(s).
6The Parties will jointly prepare a chart of “incidents” upon which the Employer’s decision to terminate the Grievor was based, to include: 4 columns – (1) date; (2) Employer’s allegation; (3) amount of time/money in issue; (4) Grievor’s response. This is to be completed by January 31, 2024.
7The Parties will schedule at least three hearing days with Registrar, the first of which will be after January 31, 2024, and will be used for further mediation and/or case management.
Dated at Toronto, Ontario this 5th day of July, 2023.