Ontario Public Service Employees Union (Kleywegt) v. The Crown in Right of Ontario (Ministry of Environment, Conservation and Parks), 2025 CanLII 52853

GSB# 2024-00351

UNION# 2024-0532-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kleywegt)

Union

• and -

The Crown in Right of Ontario (Ministry of Environment, Conservation and Parks)

Employer

BEFORE

Tatiana Wacyk

Arbitrator

FOR THE UNION

Awnonna Rashid Collins & Metcalfe LLP Counsel

FOR THE EMPLOYER

Andrew Lynes Treasury Board Secretariat Legal Services Branch Counsel

WRITTEN SUBMISSIONS:

May 15, 2025

Decision

1I have before me, a grievance filed by Sonya Kleywegt. At the hearing on January 9, 2025 the parties agreed to certain timelines regarding the exchange of particulars and production and agreed to further mediation, scheduled for May 22, 2025.

2The Union’s particulars were provided on April 8, 2025.

3The parties now seek a direction regarding certain documents to be produced by the Employer that incorporates their understanding of the documents to be produced and the conditions which govern their production.

4The documents are arguably relevant to the issues in this proceeding and the Employer has agreed to provide them forthwith. Accordingly, I hereby direct the Employer to produce the following documents to Union counsel forthwith:

1. An unredacted copy of the final report by the Employer’s Forensic Investigation Team (“FIT”) dated September 2023 regarding allegations against the Grievor; and,

2. An unredacted copy of the anonymous Disclosure of Wrongdoing received by the Employer on or about July 1, 2022.

5The following conditions will apply to this direction:

1. The Parties will take all necessary steps to protect the confidentiality of the information that comes into their possession regarding the above-noted FIT report and Disclosure of Wrongdoing by way of production in this proceeding.

2. No copies of the documentary material may be made except for the purposes of this proceeding, and the documentary material may only be used for purposes of this proceeding.

3. Any copies of the documentary material shall be returned to counsel for the Employer or destroyed at the conclusion of this proceeding, except for copies retained by Union and Employer counsel for their respective files.

4. Confidentiality shall be maintained after the conclusion of these proceedings, save for the enforcement of this direction.

6This direction is being issued without prejudice to any position either party may take in this or any other matter, save for the enforcement of this direction.