HomeMy WebLinkAbout2019-2982.Guilbeault.22-04-01 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB#2019-1926; 2019-2982; 2019-2983; 2020-0096
UNION#2019-0499-0066; 2020-0499-0004; 2020-0499-0005; 2020-0499-0026
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Guilbeault) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Marilyn A. Nairn Arbitrator
FOR THE UNION Laura Johnson
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Adrienne Couto
Liquor Control Board of Ontario
Counsel
HEARING March 24, 2022
- 2 -
Interim Decision
[1] The Union has filed a number of grievances on behalf of Bruce Guilbeault, the
Grievor. The primary issue is a challenge to the Employer’s decision to terminate
the Grievor’s employment. That decision was taken following an investigation which
produced a written report. That report has been produced to Union counsel pursuant
to the undertakings applied below, which are usual and appropriate in respect of the
production of documentary materials in anticipation of litigation.
[2] The Grievor is entitled to review that report for purposes of the hearing of his
grievances. The Grievor seeks to make that report available to family members who
are supporting him in the conduct of his grievances. The Employer does not object,
provided the individuals involved understand and accept the appropriate
undertakings.
[3] I therefore direct that Iona Green, Esme Green and Miles Green may review the
investigation report subject to their individual agreement to the following conditions
and undertakings:
a). The investigation report, in whatever format (electronic, paper, etc.),
is to be kept confidential by the Grievor and by the above-named
individuals;
b). No copies are to be made of the investigation report in whatever
format (electronic, paper, etc.) except for the purpose of the hearing
of this matter, which can include providing the Grievor with a copy.
In that regard, no copies of the investigation report are to be
retained or circulated by any third party, including the above-named
individuals;
c). The investigation report is to be used for the purpose of this hearing
only, and for no other, or improper purpose;
[4] Access to the investigation report is being provided with the expectation and
assurance of confidentiality as described above. Any alleged breach of
confidentiality or alleged breach of the above undertakings may be raised before the
arbitrator for determination, including the determination of an appropriate remedy
for any finding of a breach of this Order.
Dated at Toronto, Ontario this 1st day of April 2022.
“Marilyn A. Nairn”
_____________________
Marilyn A. Nairn, Arbitrator