HomeMy WebLinkAbout2005-3721.Czerniak.07-08-14 Decision
Crown Employees
Grievance Settlement
Board
Commission de
reglement des griefs
des employes de la
Couronne
Nj
~
Ontario
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
GSB# 2005-3721,2006-3134,2006-3135,2006-3136, 2006-3137, 2006-3138, 2006-3139, 2006-3140,
2006-3141,2006-3142,2006-3143,2006-3144, 2006-3145, 2006-3146, 2006-3147, 2006-3148, 2006-3149,
2006-3150,2006-3151,2006-3152,2006-3153, 2006-3154, 2006-3155, 2006-3156, 2006-3157, 2006-3158
UNION# 2005-0582-0150,2007-0582-0014, 2007-0582-0015, 2007-0582-0016, 2007-0582-0017,
2007-0582-0018,2007-0582-0019,2007-0582-0020,2007-0582-0021,2007-0582-0022,2007-0582-0023,
2007-0582-0024,2007-0582-0025,2007-0582-0026,2007-0582-0027,2007-0582-0028,2007-0582-0029,
2007-0582-0030,2007-0582-0031,2007-0582-0032,2007-0582-0033,2007-0582-0034,2007-0582-0035,
2007-0582-0036,2007-0582-0037,2007-0582-0038
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Czerniak)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
John Stout
Cavalluzzo Hayes Shilton McIntyre &
Cornish LLP
Barristers and Solicitors
FOR THE EMPLOYER
George Parris
Counsel
Ministry of Government Services
HEARING
August 13, 2007.
2
Decision
The parties have agreed that this matter will be referred to mediation before a different
Vice-Chair of this Board on either October 4,2007 or November 22,2007 (the precise date is yet
to be confirmed). The parties will be conferring with each other regarding the scheduling of a
number of arbitration dates before me.
The union sought an order directing the production of documents itemized in a letter from
union counsel to employer counsel dated August 1,2007.
The employer accepts that the documents in question are sufficiently relevant as to
typically require their production. It has concerns, however, about the use, care and distribution
of these documents in the context of the sensitive nature of the case and some of the information
disclosed in these documents. The union raised no objections to the types of safeguards sought
by the employer in that regard.
Accordingly, I hereby direct that the employer produce the documents referred to above
to union counsel.
However, this production will be subject to the following conditions:
1.
The documents disclosed in accordance with this Order
may only be viewed as provided herein and may not
otherwise be viewed, distributed or disclosed.
2.
Counsel for the union will be and will remain the only one
in possession of the disclosed documents.
3.
Copies of the disclosed documents will be made only for
the purposes of this hearing.
4.
The disclosed documents may be viewed only by union
counsel, his instructing client and the grievor who are all
required to keep the information contained in the
documents confidential
3
I may be spoken to should either party wish to seek to vary the terms of this
Order.
Dated at Toronto this 14th day of August 2007.
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Bram Herlich, Vice-Chair