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Home My WebLink About2003-3101.Koonings.06-01-27 Decision Crown Employees Commission de Nj Grievance Settlement reglement des griefs Board des employes de la Couronne ~ Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2003-3101 2003-3914 2004-2011 2004-2012,2004-2013 2004-2016 2005-0085 UNION# OLB531/03 OLBOI6/04 OLB504/04 OLB505/04 OLB506/04 OLB509/04 OLB083/05 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano LIqUor Boards Employees' Umon (Koomngs) Union - and - The Crown In RIght of Ontano (LIqUor Control Board of Ontano) Employer BEFORE Owen V Gray Vice-Chair FOR THE UNION Ernest A SchIrru Koskie Minsky LLP BarrIsters and SOlICItorS FOR THE EMPLOYER Richard J Charney Ogllvy Renault LLP BarrIsters & SOlICItorS HEARING January 12 & 13 2006 2 DeCISIon By way of confirmatIOn and elaboratIOn of dIrectIOns gIven orally at the hearmgs of January 12 and 13, 2006, m thIS matter, and for reasons to be Issued at a later date [1] The employer IS dIrected to produce to the umon all arguably relevant emaII messages and other forms of wntten commumcatIOn and correspondence relatmg to Tma Koonmgs that were sent by, on behalf of or to any of the followmg mdIvIduals durmg the penod August 1, 2003 to March 31, 2005, mclusIve (or as otherwIse noted) of whIch an ongmal or copy IS m ItS possessIOn, custody or power DavId French Geoff Allmre Mark Upton Ron BartuccI MaggIe Plant Ian Martm Peter CahIll Chns Martm (sent or receIved durmg the penod May 11 2004 to December 31, 2004, mclusIve) The employer IS also dIrected to produce to the umon all arguably relevant emaII messages and other forms of wntten commumcatIOn and correspondence relatmg to Tma Koonmgs that passed between Bob Peter and Murray Kane durmg the penod August 1, 2003 to March 31, 2005, mclusIve, of whIch an ongmal or copy are m ItS possessIOn, custody or power [2] The umon IS dIrected to produce to the employer all arguably relevant emaII messages and other forms of wntten commumcatIOn and correspondence of whIch an ongmal or copy IS m the posseSSIOn, custody or power of the umon or gnevor, Tma Koomngs, that were sent by, on behalf of or to Tma Koonmgs durmg the perIOd August 1, 2003 to March 31, 2005, mclusIve I note that the umon and gnevor have agreed, wIthout admI ttmg relevance, that the emml messages and other wntten commumcatIOns to be produced pursuant to thIS paragraph mclude emaII messages and other wntten commumcatIOns between Tma Koonmgs and any prmcIpal, employee or representatIve of eIther LIfford AgencIes or MInam Rogers AgencIes 3 [3] The partIes and the gnevor are dIrected to promptly conduct appropnate paper and computer searches m order to comply wIth thIS order Each arguably relevant document for whIch no claIm of pnvIlege IS asserted IS to be copIed to counsel OpposIte or made avaIlable for mspectIOn by counsel OpposIte and/or a representatIve of the OpposIte party Documents for whIch any claIm of pnvIlege IS asserted may be wIthheld from productIOn to the OpposIte party pendmg resolutIOn of any dIspute m that regard, but the party makmg the clmm shall provIde counsel OpposIte WIth a lIst of all such documents mcludmg (for documents other than commumcatIOns between the gnevor or a representatIve of one of the partIes and a member of the Law SocIety of Upper Canada actmg on her or the party's behalf) a descnptIOn of each such document sufficIent to umquely IdentIfy It together wIth partIculars of the surroundmg CIrcumstances on whIch the claIm of pnvIlege m respect of that document IS based. Documents for whIch no claIm ofpnvIlege IS made are to be copIed to or made avaIlable for mspectIOn by the OpposIte party, and lIsts of documents for whIch such a clmm IS made are to be provIded to the OpposIte party, on or before February 9, 2006 or such other date as the partIes may agree [4] The gnevor IS oblIged to promptly put the umon m a posItIOn to comply wIth ItS oblIgatIOns under the two prevIOUS paragraphs m so far as they relate to documents m her posseSSIOn, custody or power [5] I am told that the employer's IT staff are reluctant to facIlItate a search of an employee's workplace computer or hIs/her server-based LCBO emaII account data or any stored data relatmg to such an account, wIthout some form of authonzatIOn or JustIficatIOn. For clanty, therefore, I note that thIS order authonzes and reqUIres that the employer search any computer or machme readable data m ItS possessIOn, custody or power m whIch there IS reason to belIeve that copIes of messages or commumcatIOns referred to m paragraph [1] may eXIst [6] Further, the employer IS entItled and authonzed to search any computer or machme readable data m ItS own possessIOn, custody or power m whIch there IS reason to belIeve there may be copIes of arguably relevant messages sent to or from the gnevor at or from an LCBO emml address (an address m the lcbo com domam or any other domam used by the LCBO m ItS busmess) m the perIOd August 1, 2003 to March 31, 4 2005, mclusIve, mcludmg any commumcatIOn of the sort described m the second sentence of paragraph [2] above Smce m that perIOd emaII messages could have passed between the gnevor at a non LCBO emaII address and someone at an LCBO emml address, the employer IS also authonzed to search any present or former workplace computer and any LCBO emaII account data of any employee named m the partIculars exchanged by the partIes m these proceedmgs, m order to locate arguably relevant emml messages sent m that perIOd pertammg to Tma Koonmgs Each arguably relevant document located as a result of a search described m thIS paragraph IS to be copIed to or made avmlable for mspectIOn by the umon, whether the employer mtends to rely on It or not Dated at Toronto thIS 27th day of January, 2006