GSB# 2023-00208

UNION# 2023-5112-0017

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Snudden)

Union

• and -

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

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Mae J. Nam Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Julia Evans Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

August 10, 2023

Decision

1The redacted OPP Intelligence Report (the “Report”), prepared for CSOI as part of its investigation, shall be produced by the Employer to the Union subject to the following conditions:

a) The Report will be released to Union counsel in this proceeding and one instructing advisor.

b) The Report and its contents will be maintained as confidential;

c) Neither the Report nor its contents shall be disclosed to or discussed with any person or party not a participant in this proceeding;

d) The Report can only be used for purposes relating to this proceeding and for no other or improper purpose;

e) Subject to the terms below, the Report shall not be copied, but for copies that are required for the Arbitrator, each party’s counsel, each party’s advisor, or a witness during the hearing;

f) Union counsel may provide a copy to the Grievor for the purpose of this proceeding, however, the conditions of production in this Order apply to the Grievor and at the end of this proceeding, he must return his copy to Union counsel, who will return that copy to the Employer or destroy that copy and confirm that it has been destroyed;

g) The only copies to remain at the conclusion of the arbitration are the copies in the possession of the Arbitrator and Counsel for each of the two parties, which are to remain in the care and control of each party’s Counsel.

2Medical documentation that is arguably relevant to this matter shall be produced by the Union to the Employer subject to the following conditions:

a) The documents or material will only be released to Employer counsel for this grievance proceeding and one instructing advisor.

b) The documents or material produced will be maintained as confidential.

c) The documents or material produced will not be disclosed to any person or party not a participant in these proceedings.

d) The documents or material produced can only be used for purposes relating to this proceeding and not for any other purpose or proceeding.

e) The documents or material produced shall only be photocopied for purposes relating to this proceeding.

3The production directions in this Order are without prejudice to any position that either party may take in respect of future production requests if and as they arise.