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HomeMy WebLinkAbout2022-2527.Rawson.2023-01-12 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#2022-2527 UNION#2022-0313-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Rawson) Union - and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE Bram Herlich Arbitrator FOR THE UNION Sarah Mikhaiel Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Regina Wong Treasury Board Secretariat Legal Services Branch Counsel -2- Decision [1] The Union has requested disclosure of documents and recordings, which include a recording and documents associated with two 911 calls for service on May 10, 2021. [2] The parties agree that the third-party information, including health information, related to the two 911 calls are relevant to the proceedings before me, and I hereby order that they should be produced as part of this proceeding. [3] The production of the third-party information is subject to the following conditions: a) The confidentiality of these recordings and documents shall be maintained; b) Neither the recordings, documents nor their contents shall be disseminated or discussed with anyone outside of this arbitration process; c) The recordings and documents shall not be put to any use outside of this arbitration process; d) Subject to the terms below, the recordings and documents shall not be copied, but for copies that are required for the Arbitrator, counsel, the employer’s advisors, or a witness during the hearing; e) Union counsel may provide a copy to the Grievor for the purposes of this case, however, the conditions of production apply to her and at the end of this case she must return her copy to Union counsel, who will return that copy to the Employer or destroy that copy and confirm that it has been destroyed; f) The only copies to remain at the conclusion of the arbitration are the copies in the possession of the Board and one (1) copy, which is to remain in the care and control of counsel for the Employer. [4] The production directions in this decision are without prejudice to any position that either party may take in respect of future production requests if and as they arise. Dated at Toronto, Ontario this 12th day of January, 2023. “Bram Herlich” _________________________ Bram Herlich, Arbitrator