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HomeMy WebLinkAbout2012-2797.Thompson.13-12-12 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#2012-2797 UNION#2012-0542-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Thompson) Union - and - The Crown in Right of Ontario (Ministry of Community and Social Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Robert Fredericks Ministry of Government Services Legal Services Branch Counsel SUBMISSIONS December 12, 2013 - 2 - Decision [1] I have before me a grievance filed on behalf of the grievor dated October 12, 2012. During the proceedings, the Union requested the Ministry to produce a copy of the Family Responsibility Office’s Case Management System (“FCMS”) records for the client involved in the incident that occurred on or around August 22, 2012. The Union has requested that I issue an order to the Ministry directing it to produce the requested material. [2] Having regard to the circumstances, the nature of the Union’s request and the submissions of the parties, I find it appropriate to order the production of the requested material, with the following conditions: 1. The FCMS records produced will be restricted to the client in issue for the period from March 21 to September 14, 2012. 2. All personal information of the client, as defined by ss. 2(1) of the Freedom of Information and Protection of Privacy Act, will be redacted. 3. The FCMS records produced to counsel for the Union shall be used by counsel for the sole purpose of this proceeding and by the parties to this proceeding for the full and fair disposition of the issues in this proceeding, and may not be otherwise disclosed or produced to any other person. In particular, counsel for the Union shall not make any additional copies of the records and shall not provide a copy of the records to the grievor. Dated at Toronto, Ontario this 12th day of December 2013. Felicity D. Briggs, Vice-Chair