HomeMy WebLinkAbout2022-12212.Kempster.23-06.13 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# 2022-12212
UNION# 2023-0154-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kempster) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills
Development) Employer
BEFORE Marilyn A. Nairn Arbitrator
FOR THE UNION Jorge Hurtado
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 I have been asked to order
the production of certain documents relevant to the issues in dispute. That
production is to occur in compliance with the particular conditions set out below.
[2] I hereby order:
1. The Investigation Report, the appendices, and all non-privileged materials
that were before the investigator in preparing the Investigation Report that
was subsequently considered by the Employer in connection with its
decision in this matter, shall be produced by the Employer to the Union.
2. The production of the materials set out in sub-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 for the Union at the
conclusion of the hearing. The Employer may provide a copy of the
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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.
[3] Should there be an allegation that the conditions of this order have been
breached, that matter may be raised with the Board.
Dated at Toronto, Ontario this 13th day of June, 2023.
“Marilyn A. Nairn”
Marilyn A. Nairn, Arbitrator