HomeMy WebLinkAbout2013-1169.Ranger.19-04-24 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#2013-1169; 2013-1170; 2016-0302; 2016-2388; 2018-0102; 2018-0615
UNION#2013-0424-0002; 2013-0424-0003; 2016-0424-0001; 2017-0424-0001; 2018-0424-0008;
2018-0424-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ranger) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Daniel Harris Arbitrator
FOR THE UNION Craig Flood
Koskie Minsky LLP
Counsel
FOR THE EMPLOYER Stewart McMahon
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING January 23 and February 6, 2019
- 2 -
Interim Decision
[1] In order to implement the Board Order issued on or about December 20, 2018 with
respect to the Grievance of Robert Ranger in GSB 2018-0120, which required
production of relevant documents, including production of the videos which are
arguably relevant to the Grievance, the Board, having regard to both the
agreements between the parties and their respective submissions as provided at
the hearings of January 23, 2019 and February 6, 2019, hereby orders as follows:
1. The Employer will produce for examination any video from the OCDC
retained for any purpose during the period from November 23, 2017 to
September 23, 2018, which captures any images of the following
individuals:
I. Paul Rabb
II. Doug Rasmussen
III. Dean Joncas
IV. Marc Laurian
V. Peter Plouffe
VI. Mike Grimes
VII. Alain Whissel
VIII. Steve Garnett
IX. Denis Collin
X. Dave McFadden
XI. Darren Murch
XII. Larry Hope
XIII. Sue Horner aka Sue Spike
XIV. Kevin Spike
XV. Doug Horner
XVI. Stephen Ashdown
2. In addition to the aforementioned persons, the Employer shall produce
for examination any additional video from the OCDC retained for any
purpose during the period from November 23, 2017 to September 23,
2018, which depicts any additional persons identified during the review of
the video depicting to the wearing of the article of clothing referenced in
the Grievance, as particularized by the Union.
3. In order to effect production of the videos, the Employer shall make
available for inspection the videos in the following manner:
I. The video will be made available for examination by the Union,
and Mr. Ranger, at a neutral location;
II. The Union will identify to the Employer by time, date and place
the appropriate portions of the video for further use in the
proceeding;
III. The Union will use its best efforts to identify and advise counsel
to the Employer in advance the identity of counsel or
representative of counsel who will attend for the examination of
- 3 -
the video and ensure that any counsel or representative of
counsel who attends for the examination of the video is not
involved in any existing proceedings against the Crown related to
Ottawa Carleton Detention Centre, save and except proceedings
before the Grievance Settlement Board and/or the Ontario
Labour Relations Board; and
IV. The Employer will make those portions of the video available in
an un-redacted form and in a format which can be used at the
hearing and which can be made an exhibit before the Grievance
Settlement Board.
4. The production of documents is subject to the following undertakings
and conditions:
i. The video made available for inspection and for use in the
proceeding shall not be copied, distributed nor reproduced in any
manner, nor used for any other purpose or proceeding;
ii. The video made available for inspection and for use in the
proceeding is agreed to contain confidential personal information
and information that may pose safety and security concerns and
will be treated accordingly;
iii. The video produced to the Union for use in the proceeding will be
returned to the Employer, without a copy being made, at the
conclusion of the proceedings and any judicial review and/or
appeal arising therefrom; and
iv. The Union will cooperate with the appropriate and reasonable
deletion from the video of confidential personal information and
information that may pose safety and security concerns.
5. As agreed upon at the hearing of February 6, 2019, the Employer shall
immediately, as of that date, take all measures to retain and preserve such
additional video images that may be relevant to the Grievance from and
after December 1, 2014.
6. This Order is without prejudice to the Union's right to seek additional
production of relevant video images from and after December 1, 2014.
[2] I remain seized of any disputes arising from this Order.
Dated at Toronto, Ontario this 24th day of April, 2019.
“Daniel Harris”
Daniel Harris, Arbitrator