HomeMy WebLinkAbout2015-1330.Dubuc.18-08-21 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#2015-1330
UNION#2015-0453-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dubuc) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Bram Herlich Arbitrator
FOR THE UNION Jesse Gutman
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Kevin Dorgan
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING August 7, 2018
2
Decision
[1] The parties have encountered a number of difficulties regarding the pre-hearing
production of documents. Many, but not all, of these issues have been resolved by way
of agreements between the parties or, where necessary, by order of the Board. Some
remain outstanding. A number of these were addressed at the recent hearing before
me. The parties have enumerated a taxonomy of many of the production requests. I
need not reproduce it here. I will, however, refer, in some cases, to these issues by the
numbers which correspond to the listing in that taxonomy.
[2] Having considered the submissions of the parties, I made the following orders
orally, which are hereby confirmed:
1. As general matter, the union and the grievor are hereby directed to produce
to the employer copies of all documents upon which the union intends to rely
in these proceedings.
2. The union seeks production of a document it describes as a “Mutual Aid
Report” which may have been produced by the Hawkesbury Fire Department
relating to the fire at Place Mont Roc. The employer is hereby directed to
make inquiries as to whether such a document exists and, if so, whether it is
in the employer’s possession. I will defer ruling on the union’s request until
such time as that inquiry has been completed.
3. The documents pertaining to item #71 relate to a claim the union may
advance, asserting that the employer’s conduct in this matter amounted to
defamation of the grievor. The union is hereby directed to file full particulars of
any defamation claim. Once that is done, I will, if necessary, re-visit the
union’s production request.
4. With respect to item #74, the employer is hereby directed to ascertain
whether the documents in question are in its possession and, if so, is directed
to produce them to the union.
3
5. With respect to items #81-83, the employer asserts it has effected the
requested production. The union will review this and, in the event it is seeking
further production, is hereby directed to provide further particulars pertaining
to the request.
6. With respect to items #84-103 and 105 and 106, I will defer any ruling so as
to permit the union to determine whether the documents in question are in the
grievor’s possession.
7. With respect to item #104 the employer is hereby directed to make inquiries
and report regarding the existence of the materials the union seeks to have
produced (these relate, broadly, to 2012 employer training materials).
[3] Hearing in this matter is scheduled to continue on September 5, 2018.
Dated at Toronto, Ontario this 21st day of August, 2018.
“Bram Herlich”
Bram Herlich, Arbitrator