HomeMy WebLinkAboutRollin 22-05-06In the matter of an Arbitration
Between:
Ontario Public Service Employees Union, Local 474
Union
and
CHEO/OCTC
Employer
Grievance of Chantal Rollin
Andrew Tremayne, arbitrator
Appearances:
Christopher Bryden for the union
Joël Rocque for the employer
Hearing held on May 5, 2022 by videoconference
Award issued on May 6, 2022 at Ottawa, Ontario
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1. The employer terminated the grievor’s employment for cause on July 21,
2020. The union filed a grievance on her behalf. The matter was referred to
arbitration, and I was appointed to hear it.
2. The union brought a preliminary motion for production of a report that was
provided to the employer following a workplace assessment of the grievor’s
workplace (the “Aptus Report”). The employer resisted the union’s motion.
3. After hearing the parties’ submissions, I determined that portions of the
report are arguably relevant to these proceedings.
4. The employer is directed to produce a copy of the Aptus Report to the union
subject to the following conditions, which the parties have agreed to without
precedent or prejudice to any other matter:
a. Counsel for the Hospital will redact the irrelevant portions of the
Aptus Report;
b. A redacted and an unredacted copy of the Aptus Report will be shared
with counsel for OPSEU so that counsel may assess the redactions
made by the Hospital;
c. If the parties cannot agree on the redactions of the Aptus Report, a
voir dire will be held to determine the outcome of the redactions in
dispute;
d. Counsel for OPSEU is not to share a copy of the unredacted Aptus
Report or the information relating to the redacted portions of the
Aptus Report with OPSEU, the grievor or anyone else;
e. Any digital or hard copy of the redacted Aptus Report held by
OPSEU, the grievor, and counsel for OPSEU will not be used,
disclosed or referred to by them for any purpose other than these
proceedings before Arbitrator Tremayne, or any proceedings that may
flow from those proceedings (e.g. a judicial review application), and
shall be destroyed immediately following the conclusion of these
proceedings and any related proceedings (e.g. judicial review
proceedings).
f. The Aptus Report shall be kept strictly confidential by OPSEU,
counsel for OPSEU and the Grievor.
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5. I remain seized.
Signed at Ottawa, Ontario on May 6, 2022
Andrew Tremayne