GSB# 2022-12219

UNION# 2023-0546-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lynch)

Union

• and -

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

Employer

BEFORE

Diane L. Gee

Arbitrator

FOR THE UNION

Jorge Hurtado Morrison Watts Counsel

FOR THE EMPLOYER

Erika Montisano Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 12, 2023

Decision

1Having consulted with the parties and 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 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 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.