GSB# 2023-00429

UNION# 2023-0737-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union
(Hebert)

Union

• and -

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

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Robert Healey
Ryder Wright Holmes Bryden Nam LLP
Counsel

FOR THE EMPLOYER

Katie Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel

HEARING

July 19, 2024

Decision

1This is a discharge grievance. The parties appeared at the Board on July 19, 2024, but were unable to commence the hearing because the Employer was unable to provide full production to the Union.

2The Employer intends to rely on a number of video recordings as part of its case. In addition, the Union seeks production of certain video recordings. However, certain of these recordings were not produced by the Employer prior to July 19. The Employer explained that its failure to produce the videos was occasioned by technical difficulties which it was unable to resolve. In short, the Employer could watch the videos on its security system but is unable to transfer them to a form which the Union (or I) can view on our own computers.

3The Union argues that the Employer's position is unacceptable. While the Employer strenuously resisted the Union’s position, it was obvious to me that the Employer had not addressed the issue with the seriousness it deserves. For example, it relied on its workplace representatives to resolve the problem rather than seek the assistance of a tech expert or someone from the company that created or supplied the camera/recording equipment.

4Rather than determine the Union's motions at this point, I find it appropriate to give the Employer more time to resolve the issue. Accordingly, the Employer shall have until September 30, 2024 to produce to the Union the videos at issue and any other documents it intends to rely on or which the Union has sought production of.

5If the Employer does not produce the required videos and materials I shall convene a conference call to determine next steps including whether the Employer should be permitted to rely on the events which were recorded on the videos at issue.