HomeMy WebLinkAbout2010-2654 Pacheco.17-08-24 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#2010-2654 UNION#2010-0234-0283
Additional grievances noted in Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pacheco) Union
- and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Ken Petryshen Arbitrator
FOR THE UNION John Brewin Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat Legal Services Branch Counsel
HEARING
August 22, 2017
- 2 - Decision
[1] In a decision dated June 21, 2017, I addressed some outstanding production
issues after entertaining submissions from counsel on June 2 and 5, 2017. At a hearing
on August 22, 2017, counsel made further submissions on some of the remaining
outstanding production issues. This decision will address some of those outstanding
issues. I will address the disputed issues raised by the Union by referring to them as
they appear on the List entitled “Outstanding Employer Disclosure – August 22, 2017”
that was prepared by Union counsel.
Union Disclosure Requests
20-Day Suspension
[2] My determination or comments on the outstanding matters relating to the 20-
day suspension are as follows:
1. The Employer has agreed to recall Mr. Mizzi in order to provide the Union with
access to the Sony software and the original audio of Mr. Mizzi’s interview of Mr.
Pacheco on September 10, 2016. The Employer will attempt to recall Mr. Mizzi on either September 6 or 7, 2017. The recall of Mr. Mizzi may be sufficient to satisfy the Union’s request.
13. The Employer believed that it had complied with this request, but it appears
that the Union’s request remains outstanding. The Employer is directed to provide Mr. Pacheco’s work cell/mobile phone records for May 11 and 12, 2015. 7. and 12. (at the top of pg. 5 of the List) The Employer advised that it has
produced all of the requested ORs that are in its possession. The Employer
agreed that any employee who has one of the requested OR’s is authorized to provide the OR to the Union.
Termination [3] My determination or comments on the outstanding matters relating to the
termination of Mr. Pacheco’s employment are as follows:
8. and 9. The Employer has agreed to provide the requested daily attendance
sheets if it is able to locate them. 17-20. I am not satisfied that the requested documents are arguably relevant.
- 3 -
21. The Employer is directed to provide the daily time sheet for Mr. Murphy for January 28, 2016, if it is able to locate the document. 24. The Union requests all information related to the investigation and subsequent firing of Mr. Dunscombe regarding the A&D incident. Mr.
Dunscombe was involved in the investigation of the incident that led to Mr. Pacheco’s termination. The Employer advised that it does not intend to call Mr. Dunscombe as a witness. I am not satisfied that the requested documents are arguably relevant.
29. The Employer confirms that it has provided all of the requested performance evaluations in its possession for the relevant period. 33. The Employer is directed to provide Union counsel with the requested photo of Mr. Scott Willey. The disclosure of this photo is subject to the Employer
conditions agreed to by Union counsel. Employer Disclosure Requests
[4] My determinations or comments on the matters relating to the Employer
production requests are as follows:
1. The Union is directed to provide the original and unredacted letter from the daycare provider regarding Mr. Pacheco’s sick child on April 28, 2015.
2. The Union is directed to produce the original screen photo shot that will confirm the date and time that it was taken. 3. The Union has confirmed that a text message on April 28, 2015 from the day
care provider to Mr. Pacheco never existed. 4. The Union is directed to produce the original photograph or a clear copy of “original A”.
5. The Union is directed to produce any and all notes taken by Mr. Pacheco or by Mr. Jagpal in relation to meetings held regarding the matters currently being heard by the GSB. Union counsel advised that a claim of privilege may be asserted with respect to some of the notes requested.
6. The Union is directed to produce the original audio file of January 21, 2016, and the original audio file of February 12, 2016. 7. The Union is directed to produce any and all original audio recordings and audio files related to the matters that are currently being heard by the GSB.
- 4 -
[5] The above directions to the Employer and the Union to produce documents
are to be complied with by no later than September 6, 2017. In addition, I direct the
Employer and the Union to produce to counsel opposite any other documents upon
which it intends to rely in the matters that are currently being heard by the GSB by no
later than September 6, 2017.
Dated at Toronto, Ontario this 24th day of August 2017.
Ken Petryshen, Arbitrator
- 5 - Appendix A
GSB Number OPSEU File Number
2012-0727 2012-0234-0066
2013-3214 2013-0234-0359
2014-0350 2014-0234-0061
2014-3305 2014-0234-0458
2014-3846 2014-0234-0508
2014-4854 2015-0234-0030
2015-0390 2015-0234-0058
2015-0494 2015-0234-0069
2015-0495 2015-0234-0070
2015-0496 2015-0234-0071
2015-0913 2015-0234-0085
2015-0914 2015-0234-0086
2015-0915 2015-0234-0087
2015-0916 2015-0234-0088
2015-1310 2015-0234-0108
2015-1311 2015-0234-0109
2015-1312 2015-0234-0110
2015-1313 2015-0234-0111
2015-1314 2015-0234-0112
2015-1315 2015-0234-0113
2015-1316 2015-0234-0114
2015-1317 2015-0234-0115
2015-1318 2015-0234-0116
2015-1319 2015-0234-0117
2015-1320 2015-0234-0118
2015-1321 2015-0234-0119