HomeMy WebLinkAbout2022-12221.Noga.2023-05-18 DecisionCrown 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#2022-12221
UNION#2023-0546-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Noga) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills Development) Employer
BEFORE Brian McLean Arbitrator
FOR THE UNION Leila Gaind
Morrison Watts
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
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Decision
[1] This is a discharge case. In advance of the hearing of this matter I was asked to
Order the production of certain documents under particular conditions. I am prepared
to do so. I hereby Order:
1. The Investigation Report, the appendices, and all non-privileged materials
that were before the investigator in preparing the Investigation Report shall
be produced by the Employer to the Union
2. The production of the materials set out in paragraph 1 above is subject to
the following conditions:
a. Counsel for the Employer will send the documents to counsel for the
Union in electronic format.
b. Counsel for the Union will be permitted to make a physical copy of
all documents for her use (and an additional copy as necessary for
use by any Union co-counsel). Electronic documents will not be
forwarded, save and except as per 2(c). At the conclusion of the
hearing, any copies of the documents created by counsel for the
Union will be destroyed except for a copy of the documents that
counsel for the Union will retain in her files.
c. Counsel for the Union will be permitted to forward the documents in
electronic format to one designated Union advisor, should there be
one, on the condition that the designated Union advisor (i) will not
show the documents to anyone for any purpose other than
preparation for arbitration, (ii) will not discuss the contents of the
documents with anyone for any purpose other than preparation for
arbitration, (iii) will not forward or make any physical or electronic
copies of such documents, and (iv) will delete the electronic copy of
the documents forwarded to them by counsel for the Union at the
conclusion of the hearing.
d. Counsel for the Union will be permitted to share the contents of the
documents produced with the Grievor on the understanding that the
Grievor (i) will not show the documents to anyone for any purpose
other than preparation for arbitration, (ii) will not discuss the contents
of the documents with anyone for any purpose other than preparation
for arbitration, (iii) will not forward or make any physical or electronic
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copies of such documents, and (iv) will delete the electronic copy of
the documents forwarded to them by counsel for the Union at the
conclusion of the hearing. The Employer may provide a copy of the
document specifically to provide to the Grievor with security settings
that will not allow for editing, printing, or cutting and pasting, and/or
with a watermark. There will be no other changes or redactions to
the document (“the Grievor’s Version”). If the Employer provides a
Grievor’s Version the Union will provide that version to the Grievor.
Dated at Toronto, Ontario this 18th day of May 2023.
“Brian McLean”
_____________________
Brian McLean, Arbitrator