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HomeMy WebLinkAbout2005-3601.Sin.07-08-13 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2005-3601 UNION# OLB001/06 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sin) Union - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer BEFORE Nimal V. Dissanayake Vice-Chair FOR THE UNION Laurie Kent Koskie Minsky LLP Barristers and Solicitors FOR THE EMPLOYER Alison Renton Counsel Liquor Control Board of Ontario CONFERENCE CALL August 9, 2007. 2 Decision The grievor, Mr. Lawrence Sin, has filed a grievance with respect to a job posting, for which he had applied unsuccessfully. The parties appeared before the Board on July 7, 2007 relating to a dispute between them on particulars and disclosure. Following the hearing, I issued a decision dated July 22, 2007, directing that the employer provide certain particulars and documents to the union in advance of the next hearing date. On August 9, 2007 I received submissions from counsel by teleconference with regard to a concern raised by employer counsel that some of the documents ordered disclosed may contain personal information relating to employees, which the employer felt should be kept confidential. The documents in question are relevant to the issues raised in this grievance. However, I also recognize the legitimate concern raised by the employer relating to confidentiality. In the circumstances, I orally ruled that the employer should comply with the direction for disclosure, but also directed that the union and its counsel use the information contained in the disclosed documents with utmost confidentiality, and specifically that such information shall be used only for the purposes of this proceeding. That oral ruling is hereby confirmed. Dated this 13th day of August, 2007 at Toronto, Ontario. Nimal Dissanayake, Vice-Chairperson