P-2009-0520

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Joseph Brlek

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE COMPLAINANT

Mike Mously

FOR THE EMPLOYER

Michelle Dobranowski Ministry of Government Services Counsel

HEARING

October 27, 2009.

Decision

1The parties in this matter requested that the following terms of agreement for disclosure be made an order of the board. The employer agreed to provide the disclosure within 14 days of the agreement, which was made on October 27, 2009. Therefore, I hereby order, on consent, that the employer provide the following disclosure of documents and particulars by November 10, 2009:

i. Details regarding the complaints filed by the complainants identified in the grievance ("the Complainants"). These details shall include any other relevant complaint made by others against the Grievor or complaints filed by the Complainants against other managers. This includes, but is not limited to, copies of the actual complaints, responses, other correspondence, records of meetings and/or notes made by managers.

ii. In addition to the above, specific information is requested with regard to a complaint against the Grievor initiated by Mr. Scott Andrews of OPSEU which was forwarded to ADM Fiona Crean on April 25, 2008. This includes, but is not limited to, copies of the actual complaints, responses, other correspondence, records of meetings and/or notes made by managers.

iii. Details of any investigations conducted by or on behalf of the Employer with regard to the above complaints. This includes, but is not limited to, investigation reports, investigation notes, transcripts of interviews, documents provided to assist the investigation.

iv. Details of any investigations conducted as a result of the concerns that the Grievor reported to the Employer regarding the conduct of one of the Complainants and the improper motivation for the complaint. This includes, but is not limited to, responses to the Grievor, correspondence regarding the complaints, records of meetings, notes made by managers, investigation reports, investigation notes, transcripts of interviews and/or documents provided to assist the investigation.

v. Details of any investigations conducted and/or action taken by or on behalf of the Employer regarding alleged threats made by Mr. Grimaldi of OPSEU against the Grievor on February 24, 2006. This includes, but is not limited to, correspondence regarding the event, records of meetings, notes made by managers, investigation reports, investigation notes, transcripts of interviews and/or documents provided to assist the investigation.

vi. Information regarding the filling of the following positions: Superintendent of Niagara Detention Centre, Toronto West Detention Centre, Toronto East Detention Centre, Elgin-Middlesex Detention Centre, Mimico Correctional Centre and Toronto Jail; and Manager, Correctional Investigations Services Unit. Specifically, details are required as to who was involved in these staffing decisions, whether or not the Grievor was under consideration, how the decision was made and what factors were considered.

2Documents provided pursuant to this order shall not be used by the complainant for any purpose other than this complaint before the board.