HomeMy WebLinkAbout2022-12185.Laurin.2023-06-22 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# 2022-12185
UNION# 2023-0310-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Laurin) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and
Skills Development) Employer
BEFORE Christopher Albertyn Arbitrator
FOR THE UNION James Craig
Morrison Watts
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
- 2 -
Decision
[1] Having consulted with the parties and on their consent I hereby direct that 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
- 3 -
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
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 22nd day of June 2023.
“Christopher Albertyn”
_________________________
Christopher Albertyn, Arbitrator