HomeMy WebLinkAbout1995-0810WHITE97_08_21
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DwrARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE l'DwrARIO
1111 GRIEVANCE COMMISSION DE
./ SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M6G tZ8 TELEPHONEfTELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G tza FACSIMILEfTELECOPIE (416) 326-13fHJ
GSB # 810/95
OPSEU # 95D080
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (White)
Grievor
- and -
The Crown in Right of ontario
(Ministry of Community & Social Services)
Employer
BEFORE: N. Dissanayake Vice-Chair
FOR THE C Flood
UNION Counsel
Koskie & Minsky
Barristers & Solicitors
FOR THE C Samaras
EMPLOYER Counsel
Legal Services Branch
Ministry of Community & Social Services
HEARING August 20, 1997
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Board Order
Th~5 is a discharge grievance filed by Mr Jilek Whi te At the
commencement of the hearing, the Board, in the company of the parties took
a view of the workplace. After the h~arinq had resumed and union counsel
had completed his opening statement, he requested that the Board order that
the employer produce to the union the personnel tile of Mr. Dan Wither, an
employee whose allegation that the grievor had sexually a$$aulted a female
re5~d~nt ult~mately led to the grievor's discharge The employer objected
to th~s request of the grounds of relevance
After receiving the submissions of both counsel, the Board concluded
that it would not order production of Mr Wither's complete file a~ ~hat
time Production will only be directed after a determination is made that
specific do~uments ~n the flle are relevant to the issues in dispute in
this proceeding
In order to enable this determination, the Board orally ordered that
the employer provide union counsel access to the said tile, so that he may
inspe<::t the same and. ident::l.fy particula.r docillnents, if any, he claim~ to
be rele....'snt Once that is do~e, a~cl if the employer disputes the relevance
of any doc~.ent so ider.tif~ed, the Soard would hear submissions and MaKe
a ruling
The foregoinq order was made sUbject to the follow~ng conditions
(41 ) Only union counsel, Mr Craig Flood, will have access
to Mr Wlther's personnel f'ile for purposes of
inspectiwo.
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(b) The employer will provid~ un~on counsel with the s.io
file at 10 00 a m on August 21, 1997 at the
Highwayman Inn, in Orillia, ant.rio
(e) Union counsel shall keep the information 1n the file
confidentIal, except on the consent of the employer or
where the Board has formall:! directed production of a
partic~lar document(s)
(d) !n advance of the inspectio:J. of the file, union
coun$el shall set out for the e!nployt'H" coungel in
writing, the basis upon which the inspection of ML
Wither's file is sought
(e) In the ~vent that union counsel is of the view that he
needs to obtain instructlons from the grievor Or the
union about a document in the file, he shall first
raise th.:; matter with the employer counsel If
clarifications and explanations provided by the
employer about the documents still does not satisfy
uni:m '~ounsel, he may get instructions from the
9rievor or the union, di~closing as little inforrrLation
as is necessary for the purpos~ The ;rievor and the
union recelving such disclosure shall keep them
confidentlal Prlor to maklngiany such disclosure to
the gr~evor or the union, uni~n counsel shall adVlse
employer counsel of the nature of ~he intended
disclosure
The oral hereby confirms the oral order made at the hearing
Dated August 21, 1997 at Hamilton, Ontario.
~.~
Nirnal Dissana
Vice-Chairperson
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