HomeMy WebLinkAbout2001-0588.Union Grievance Raymond et al.02-11-08 Decision
~M~ om~o EA1PLOYES DE L4 COURONNE
_QJ.L i~~i~~~~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONE/TELEPHONE. (416) 326-1388
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GSB#0588/01 0701/02
UNION#OIUOOl 02B468
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance/Raymond et af )
Grievor
-and-
The Crown In RIght of Ontano
(Mimstry ofCommumty and SocIal ServIces)
Employer
BEFORE Jamce Johnston Vice-Chair
FOR THE UNION John BrewIn
Counsel
Ryder Wnght Blair & Doyle
FOR THE EMPLOYER Stephen Patterson
AssocIate DIrector Labour PractIce Group
Management Board Secretanat
HEARING November 5 & 6 2002
2
INTERIM DECISION
At the commencement of the heanng Into this matter, counsel for the employer
requested the production of certain documents and matenals The parties were able to
reach agreement on which matenals would be produced by the union Some of the
matenals to be produced were to be subject to certain restnctlons due to Issues with
regard to the confidential nature of the Information
One set of matenals requested by the employer which falls Into thiS category IS
"all records created dunng the fifteen Interviews and two focus groups upon which Mr
Lewchuk relies" The parties were able to agree on the production of thiS matenal on
certain conditions
Based on the agreement of the parties, I order that the matenal referred to above
be produced on the following basIs
1 The Information set out In paragraph two above shall be downloaded
onto a disc and copies of the Interview sheets shall be provided to counsel for the
employer on or before November 15, 2002
2 Counsel will review thiS matenal and will maintain confidentiality with
regard to It. Specifically, he will not discuss the contents with anyone (other than as set
out below), will not copy the disc In ItS entirety, and at the conclusion of these
proceedings shall return any paper copies of the Information which have been made
and the onglnal disc to Dr Lewchuk.
3 Should employer counsel wish to discuss portions of the matenals with
his client, he will contact counsel for the union and agree If possible concerning the
manner and extent of any disclosure of the matenals Should counsel be unable to
3
agree the Issue can be raised before me either at the next scheduled heanng date or
via a teleconference call
4 After counsel for the employer has concluded his review of the
matenals, he shall Inform counsel for the union as to whether and/or how he proposes
to use the Information contained In the matenals In these proceedings Once again
should the parties be unable to agree the Issue can be brought before me
ThiS matter shall continue on the next scheduled heanng dates
Dated In Toronto thiS 8th day of November, 2002
..
Janice Johnston
Vice-Chair