HomeMy WebLinkAbout2018-2807.Malloy et al.20-12-17 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# 2018-2807; 2018-2808
UNION# 2017-0506-0011; 2017-0506-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Malloy et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE Brian McLean Arbitrator
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING December 17, 2020 (by teleconference)
- 2 -
Decision
[1] These are grievances which are scheduled for hearing in May of 2021. By letter
dated November 26, 2020 the Union sought the production of certain documents
from the employer which it believed were necessary to prepare for the hearing of
these matters. The production was not made and accordingly the Board
scheduled a conference call before me to deal with the Union’s production
request.
[2] At the conference call, held on December 17, 2020, I heard submissions from the
parties regarding the Union’s production request. I am satisfied that, in principle,
the documents it has requested are arguably relevant to these matters and
accordingly I order the production of the following:
1) Copies of any investigation reports that were conducted in relation to
the Grievors’ complaints outlined in the particulars filed by the Union, as
well as any underlying documentation including, but not limited to,
interview notes, emails, letters, memoranda, correspondence and any
other documents that were generated or reviewed as a part of any such
investigation.
2) Copies of any notes that any Managers made in relation to any of the
incidents outlined in the particulars, including, but not limited to, any
contemporaneous notes made during any meetings that related to the
issues and incidents raised in the Union’s particulars.
3) Complete copies of the personnel files of the two Grievors.
4) Any documents the Employer anticipates relying on in the hearing of
these matters.
5) Any other arguably relevant documents.
[3] The Employer retains the right to argue that any of the documents ordered to be
produced are privileged or irrelevant. The documents must be produced as soon
as it administratively possible to do so. I remain seized of these matters.
Dated at Toronto, Ontario this 17th day of December, 2020.
“Brian McLean”
________________________
Brian McLean, Arbitrator