GSB# 2019-1460

Union# 2021-0467-0031

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tedford)

Union

• and -

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

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 19, 2023

Decision

1This arbitration involves an individual and Union Policy grievance alleging that the Employer violated the Collective Agreement, including but not limited to Articles 1, 3, Cor 8 and Cor 7 by contracting outside agencies to perform bargaining unit work of Correctional Officers to perform K-9 handler duties for a planned search of the Algoma Treatment and Remand Centre on July 30, 2019.

2The parties met with me on January 19, 2023 and used the day for case management issues. The Union produced a book of documents which included a copy of the Correctional Services Division Canine Program and Procedures Manual (the “Manual”) which contains a paragraph entitled “Third Party Rule” limiting the use of the Manual for internal purposes due to its confidential nature. Having heard submissions regarding the intended use of this Manual in this proceeding, I am satisfied that it is relevant to the proceedings and may be disclosed subject to the following conditions:

a. The Manual must be used solely for the purposes of these arbitration proceedings.

b. The Manual may only be shared by Counsel to these proceedings with any advisors, or witnesses who may be called to testify who shall be told that the Manual must not be copied or shared, physically or electronically.

c. Upon the conclusion of these proceedings any copies, physical or electronic, shall be destroyed or returned to Counsel, who in turn shall be responsible for destroying or returning the Manual.

3This case is adjourned sine die. The Parties will contact the Board when they determine what process they intend to use to deal with these grievances.