HomeMy WebLinkAbout2002-3143.Millar.03-10-23 Order
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB#2002-3143
UNION# 2003-0530-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Millar) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of PublIc Safety and Secunty) Employer
BEFORE Manlyn A. Nairn Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wnght Blair & Doyle
BarrIsters and SOlICItorS
FOR THE EMPLOYER Yasmeena Mohamed
Semor Counsel
Management Board Secretanat
HEARING October 21 2003
2
INTERIM ORDER
ThIS gnevance concerns the non-renewal of an unclassIfied contract. The umon alleges that the
non-renewal was wIthout cause The Crown (represented by the Mimstry of PublIc Safety and
Secunty) dIsputes that assertIOn. The partIes are agreed that I have the JunsdIctIOn to hear and
determIne the matter
The heanng convened on October 21 2003 at whIch tIme the partIes engaged In medIatIOn. At
the conclusIOn of the day the heanng reconvened and I made certaIn orders and accepted certaIn
undertakIngs wIth respect to matters of productIOn whIch are summanzed below'
1 The employer and more specIfically Mr John Eldndge, Inspector CISU IS dIrected to
produce all of the InfOrmatIOn, IncludIng but not lImIted to notes, e-maIls, letters, documents,
tape recordIngs, surveIllance schedules, surveIllance notes, notes and/or correspondence
between InstItutIOns, or any Internal notes, that relate In any way to the InVestIgatIOn of Ms
Jenmfer Millar Mr Eldndge was present In the heanng and advIsed that he would be able to
comply wIth thIS order by no later than Tuesday October 28 2003 The matenal IS to be
provIded to employer counsel who wIll have an opportumty to reVIew It. The matenalIs then
to be forwarded to umon counsel by no later than Tuesday November 4 2003
2 Employer counsel undertook to engage an audIt process and to provIde the results of that audIt
wIth respect to the OTIS system records as It relates to Jenmfer Millar for the penod
September 1 2002 to January 16 2003 InclUSIVe ThIS IS to Include any and all records of
access to that file by any person, wIth dates and tIme of access and IdentIfYIng the name of the
person acceSSIng the record. The partIes agree that thIS undertakIng IS qualIfied to the extent
that the employer and employer counsel were unable to confirm at the tIme whether such an
audIt IS possIble Employer counsel IS to advIse umon counsel by no later than Tuesday
November 4 2003 whether the InformatIOn sought may be obtaIned. Any further Issue
regardIng tIme IS to be addressed between counsel first. If they are unable to resolve any
related matter counsel may dIrect that to me for determInatIOn.
3 Employer counsel undertook to produce any polIcIes or procedures relatIng to the destructIOn
of those records IdentIfied as # 15 of the ExhIbIt RegIster of the InvestIgatIOn Report (#TJ -L 1-
3
73/2002) IncludIng any InformatIOn as to who authonzed destructIOn, when It was done, and
who destroyed the records The partIes agree that thIS undertakIng IS qualIfied to the extent that
employer counsel could not confirm whether there were any relevant wntten polIcIes or
procedures That matenalIs to be forwarded to umon counsel by no later than November 4
2003
ThIS matter IS referred to the RegIstrar of the Board for the purpose of schedulIng eIght days of
heanng In consultatIOn wIth the partIes
Dated at Toronto thIS 22nd day of October 2003