HomeMy WebLinkAbout2014-3672 Kopas 16-01-15 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#2014-3672, 2014-4398
UNION#2014-0227-0003, 2015-0227-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kopas) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL January 12, 2016
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Decision
[1] The board is seized with two grievances filed by the grievor, Ms. Kerry Kopas.
The parties requested teleconference with the Vice-Chair to deal with certain
disclosure issues. Having regard to the positions of the respective parties,
the Board orders as follows:
A. The employer shall forthwith produce to the union, all audio files of
interviews conducted by the PSB, OPP investigation number 2545014-0144.
These files may only be used for purposes directly related to the instant
proceeding. Union counsel may provide the union representative and the
grievor a copy of these files, on condition that neither the union representative
nor the grievor may make any additional copies or disseminate these
materials to any other person for any purpose. Upon the conclusion of the
instant proceeding, the grievor and the union representative shall forthwith
return all copies received by them to union counsel, who may retain one copy
for his litigation file, but shall forthwith return all other copies to counsel for the
employer.
B. Within two days of the date of this order, the employer shall produce to
counsel for the union, all video footage in the possession of the employer,
which is relevant to the grievor’s termination. The production ordered herein,
shall be subject to the same conditions set out in relation to the order in (A)
above.
C. Counsel for the employer shall produce to union counsel, a map of the
Orangeville courthouse. Union counsel may share this copy with the union
representative and the grievor as he deems fit. The Board recognizes the
general practice of providing union representatives and grievors their own
copies of exhibits if they so request. However, in balancing that with
concerns expressed by the employer about the potential for compromising the
safety and security of the judiciary and the staff at the courthouse, I have
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concluded that the request that copies of the courthouse map be provided to
the union representative and the grievor must be denied. The union
conceded that the union representative and the grievor are very familiar with
the layout of the Orangeville courthouse. Given that familiarity, together with
the ability of union counsel to freely share his copy of the map with the union
representative and the grievor, the Board is satisfied that their ability to
instruct and consult with union counsel would not be impeded because they
do not have their own copies. The Board does not doubt that the union and
the grievor would not intentionally breach any conditions for confidentiality the
Board may attach. However, in the absence of any prejudice, it is not
necessary or appropriate to take the risk that when multiple copies of the map
are given out, one may be accessed by others, without knowledge or consent
of the union representative or the grievor or through inadvertence on their
part.
[2] The parties jointly requested that the hearing date scheduled for Tuesday
January 19, 2016 be used to facilitate the Vice-Chair taking a view of the
Orangeville courthouse. The Board consented. This proceeding will continue
on January 19, 2016, with the taking of that view.
Dated at Toronto, Ontario this 15th day of January 2016.
Nimal Dissanayake, Vice Chair