HomeMy WebLinkAbout2019-1802.Valliant.2020-05-12 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# 2019-1802
UNION# 2019-0411-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Valliant) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE M.V. Watters Arbitrator
FOR THE UNION Mae J. Nam
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Andrew Lynes
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 8, 2020
-2-
Decision
[1] A Conference Call was held between this Arbitrator and counsel for the parties on
May 8, 2020 relating to the disclosure of documents and the provision of particulars.
[2] The parties consent to the issuance of the following Order:
1. The Employer is to disclose the following documents to the Union by May 15,
2020:
- The Grievor’s full employment file (including all documentation relating
to performance issues, letters of counsel/discipline, and employment
contracts/ renewals). It is understood and agreed that the Employer is
not in a position to provide all of this information at this time due to the
COVID-19 pandemic. The Employer will provide the WEAR forms that
are in counsel’s possession;
- All documentation including but not limited to all occurrence reports,
policies, directions, memos, emails, correspondences, letters,
recordings, videotapes, transcripts, interview notes, investigation or
incident reports related to incidents that led to the Grievor’s termination;
- All documentation related to any coaching, training and/or orientation
for the Grievor on the Conflict of Interest policies and guidelines, and
the Institutional Policy and Procedures Manual;
- The full CSOI investigation file, including information on all complaints
that were investigated, whether substantiated and or not-substantiated;
- All discipline given out as a result of the investigation, including but not
limited to discipline provided to the recreation staff; and
- Any document he Employer intends to rely upon.
2. The Union is to provide particulars to the Employer relating to the Grievor’s
allegations of sexual harassment by June 15, 2020.
[3] The above time-lines may, if necessary, be amended by agreement of the parties,
failing which any change sought may be addressed through a teleconference with this
Arbitrator.
Dated at Toronto, Ontario this 12th day of May, 2020.
“M.V. Watters”
________________________
M. V. Watters, Arbitrator