HomeMy WebLinkAbout2022-12210.Serino.2023-05-26 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# 2022-12210
UNION# 2023-0102-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Serino) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and
Skills Development) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Jorge Hurtado
Morrison Watts
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
SUBMISSION: Written request dated May 25, 2023
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Decision
[1] The discharge grievance, referred to arbitration on behalf of Mr. Matthew
Serino is scheduled for hearing before me on June 6, 2023.
[2] On May 25, 2023, the parties jointly requested that the Board issue an order
for production of certain documents on terms agreed upon between the parties.
[3] Accordingly, the Board orders as follows:
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 his 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 his 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 copies of such documents, and (iv)
will delete the electronic copy of the documents forwarded to them by counsel
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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 26th day of May 2023.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator