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HomeMy WebLinkAboutMullins 18-04-251 IN THE MATTER OF AN ARBITRATION BETWEEN: SAULT COLLEGE (the “Employer”) -and- ONTARIO PUBLIC SERVICE EMPLOYEES UNION (SUPPORT STAFF) (the “Union”) AND IN THE MATTER OF THE GRIEVANCE OF A. MULLINS OPSEU # 2017-0612-0002 Louisa M. Davie Sole Arbitrator Appearances For the Union: Tim Hannigan, Counsel For the College: Daniel Michaluk, Counsel 2 Award This arbitration involves the grievance of A. Mullins filed under the collective agreement between Sault College ("the Employer" or "the College") and the Ontario Public Service Employees Union ("the Union") which covers Support Staff employed by the Employer A hearing in this matter took place on April 23, 2018 in the City of Sau lt Ste. Marie. At the commencement of the hearing the parties agreed I was properly seized to hear and determine the matters in dispute. At the commencement of the hearing an issue arose between the parties regarding the Employer's request for the production of documents. After discussion with counsel and the grievor I rendered an oral ruling which ordered the production of the documents requested. In so doing I imposed certain conditions and restrictions upon counsel and the parties as follows: 1. I order and direct the grievor and the Union to produce all arguably relevant documents, including any medical reports and records, to counsel for the Employer. 2. The documents produced are to be maintained as confidential by employer counsel, and those employees of the College advising employer counsel to whom the documents may be shown. In this regard, I order and direct that employer counsel maintain exclusive possession and control of the documents, and that a) the documents are not to be disclosed to any person or party not a participant in this proceeding, b) the documents produced may only be used for purposes relating to this proceeding, and are not to be used, relied upon, or referred to for any other purpose or in any other matter or proceeding, c) the documents are not to be photocopied or reproduced for any purpose other than this proceeding. For greater clarity the documents shall not be photocopied or otherwise reproduced, transcribed or 3 summarized except for the purpose of creating an exhibit for use during the hearing. 3. After the hearing is concluded all of the documents produced pursuant to this Order, and any photocopies thereof, shall be returned to Union counsel within 14 days following the conclusion of the hearing. I note that although I have ordered advance production of the documents because the documents are arguably relevant to the matters in dispute, I have not made any final determination concerning the relevance, admissibility, probative value etc. of any of the documents ordered to be produced. Advance production of documents between the parties has been ordered, and is encouraged, because such production may promote settlement discussions, will expedite the hearing process by minimizing the need for document related adjournments, and may assist the parties to narrow the issues in dispute. I will remain seized in the event the parties experience any difficulty in implementing this award. Dated at Mississauga this 25th day of April 2018 Louisa Davie Louisa M. Davie