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HomeMy WebLinkAbout2013-1169.Ranger.17-01-31 Decision Crown 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#2013-1169, 2013-1170 UNION#2013-0424-0002, 2013-0424-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ranger) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Daniel Harris Vice-Chair FOR THE UNION Craig Flood Koskie Minsky LLP Counsel FOR THE EMPLOYER Stuart McMahon Treasury Board Secretariat Legal Services Branch Counsel HEARING December 14, 2016; January 18, 2017 - 2 - Decision Having heard the submissions of the parties, the Board orders as follows: [1] The Employer shall use all reasonable efforts to produce to the Union the following documents, in the possession, custody and control of the Employer, on or before a date to be agreed upon by the parties or as ordered by the Board, which are relevant to the issues in this proceeding: a. any and all documents regarding the presence of the report marked "Confidential" and above the signature of Dr. Booth in the file maintained by the Manager of the Ottawa Centre office, including any consent or authorization executed by the Grievor in relation to that Report; b. any and all documents (including minutes of settlement and/or memoranda of agreement) regarding confidentiality of medical reports relating to the physical and/or emotional health of the Grievor (including but not limited to the report marked "Confidential" and above the signature of Dr. Booth and/or the original and/or complete version of such report); c. any and all other Documents regarding the physical or mental health of the Grievor from December 2010 to the present and/or relevant to the physical or mental health of the Grievor during the period of December 2010 to the present; d. any and all employment files in any form (paper, electronic or otherwise) concerning the Grievor and in particular both the primary and secondary files maintained by the Employer and/or its supervisors, as they currently exist; e. any and all documentation (save and except that already produced) regarding any interaction between the Grievor and Ms. Louise Beaulieu; f. any and all documentation regarding any investigation by the Employer related to the interaction of Catharine McLaren and the Grievor; g. any and all documents regarding any mediation sessions(s) involving Catharine McLaren and the Grievor in 2011 and 2012, including any and all documents regarding the end of and/or withdrawal from such mediation; h. any and all documentation including emails in which there was communication between Mr. Billard and/or any other Manager and Mr. Ranger and/or Catharine McLaren regarding their interaction in the workplace; - 3 - i. any and all documentation regarding any investigation by or on behalf of the Employer (including Area Manager Don Billard) regarding removal of newspaper articles and other material posted (and reposted) by the Grievor to/from the Union bulletin board in the Ottawa Centre Probation and Parole Office, including interview notes, investigation reports, emails, memoranda and journal entries; j. any and all policies, procedures and/or documentation in effect as of 2013 regarding posting and/or removal of newspaper articles and other material on the Union bulletin board in the Ottawa Centre Probation and Parole Office and/or the installation of a locked and secured bulletin board in that Office; k. any and all policies, procedures and/or documentation issued by or on behalf of the Employer in effect as of 2013 regarding the consequences (including discipline) of removing newspaper articles and other material posted on the Union bulletin board in the Ottawa Centre Probation and Parole Office; and l. any and all records concerning Mr. Ranger’s allegation that other members of the office were provided preferential treatment in relation to requests for vacation from and after 2010, including any and all records, e-mails or reports sent by, received or prepared by either the Employer or Mr. Ranger concerning this allegation. [2] The Union shall use all reasonable efforts to produce to the Employer any and all documents in the possession, custody and control of the Union on or before the date to be agreed upon by the parties or as ordered by the Board that are relevant to the issues in this proceeding: a. any and all documents in the power, possession or control of either Mr. Ranger or the Union that are arguably relevant to Mr. Ranger’s grievance alleging that he has been harassed and discriminated against by his managers and co-workers; b. any and all documentation regarding any investigation by the Union related to the interaction of Catharine McLaren and the Grievor; c. any and all documents regarding any mediation sessions(s) involving Catharine McLaren and the Grievor in 2011 and 2012, including any and all documents regarding the end of and/or withdrawal from such mediation; d. any and all documentation including emails in which there was communication between Mr. Billard and/or any other Manager and either - 4 - Mr. Ranger and/or Catharine McLaren regarding their interaction in the workplace; e. any and all documentation (save and except that already produced) regarding any interaction between the Grievor and Ms. Louise Beaulieu; f. any and all records concerning the removal from the bulletin board of the articles concerning Mr. Ranger, including any and all notes, records, e- mails or reports sent by, received or prepared by either the Union or Mr. Ranger concerning the posting and removal of the aforementioned articles and any investigation undertaken by the Union concerning these events; g. any and all records concerning Mr. Ranger’s allegation that other members of the office were provided preferential treatment in relation to requests for vacation from and after 2010, including any and all records, e- mails or reports sent by, received or prepared by either the Union or Mr. Ranger concerning this allegation; h. any and all documents regarding the presence of the report marked "Confidential" and above the signature of Dr. Booth in the file maintained by the Manager of the Ottawa Centre office, including any consent or authorization executed by the Grievor in relation to that Report; i. any and all documents (including minutes of settlement and/or memoranda of agreement) regarding confidentiality of medical reports relating to the physical and/or emotional health of the Grievor (including but not limited to the report marked "Confidential" and above the signature of Dr. Booth and/or the original and/or complete version of such report); j. any and all other Documents regarding the physical or mental health of the Grievor from December 2010 to the present and/or relevant to the physical or mental health of the Grievor during the period of December 2010 to the present; k. any and all medical records other than those previously requested which address the claim that Mr. Ranger suffered an infarct; l. any and all policies, procedures and/or documentation in effect as of 2013 regarding posting and/or removal of newspaper articles and other material on the Union bulletin board in the Ottawa Centre Probation and Parole Office and/or the installation of a locked and secured bulletin board in that Office; and m. any and all policies, procedures and/or documentation issued by or on behalf of the Union in effect as of 2013 regarding the consequences (including discipline) of removing newspaper articles and other material - 5 - posted on the Union bulletin board in the Ottawa Centre Probation and Parole Office. [3] The Union and the Employer shall seek to agree upon the date on which the documentation herein is to be produced and failing which shall request that I determine that date. The production of documentation by the Employer and the Union respectively pursuant to this Order shall take place on the same date. [4] For the purpose of clarity, the Board is not ordering the Employer to produce documents related to the medical health of Louise Beaulieu or her transfer to Ottawa West pursuant to this Order. However, the Union may seek production of such documentation. Further, I am not ordering the Union to produce documents related to its representation of Louise Beaulieu or any request for assistance by Louise Beaulieu, notwithstanding its obligations under paragraph 2(e). Similarly, I am not ordering the Union to produce documents related to its representation of Catharine McLaren or any request for assistance by Catharine McLaren, notwithstanding its obligations pursuant to paragraph 2 (b), (c) and (d). However, the Employer may seek production of such documentation with respect to Louise Beaulieu and Catharine McLaren. [5] This Order shall be read as a whole and any difference in terminology in paragraphs 1 and 2 as used to describe the parties’ obligations to produce documents shall not be determinative. [6] Any and all documents (especially but not limited to medical documents) produced pursuant to this Order shall be treated as confidential and subject to the undertaking that they will only be used for the purpose of the current proceeding. There shall be no copying or reproduction in whole or in part of the documents (especially but not limited to medical documents) produced pursuant to this Order, except for the purposes of the current proceeding. [7] The terms of this Order shall be communicated to any and all persons in possession, custody or control of any and all documents (especially but not limited to medical documents) as a condition of receiving such documents and that this order is binding on any and all persons in possession, custody or control of the documents. [8] By this Order, I am not determining the admissibility and/or relevance of any documentation produced pursuant to it. [9] The obligation of the parties to produce documents pursuant to this Order is subject to claims of privilege and/or subsisting agreements regarding confidentiality, as agreed upon by the parties or as determined by the Board. [10] The terms of this Order are without prejudice to the right of the Union to file an additional grievance alleging inter alia an intrusion upon seclusion and breach of privacy with respect to the treatment of confidential information relating to the - 6 - Grievor in the report marked "Confidential" and above the signature of Dr. Booth in the file maintained by the Manager of the Ottawa Centre office and its request that it be heard together with the above captioned grievances and without prejudice to the Employer's right to assert defences to any such grievance. [11] This Order is without precedent and without prejudice to any position in any other proceeding, save and except with respect to any proceeding concerning the grievance referred to in paragraph 10 hereof. Dated at Toronto, Ontario this 31st day of January 2017. Daniel Harris, Vice Chair