HomeMy WebLinkAbout2022-12214.Paradis.23-06.28 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# 2022-12214
UNION# 2023-0302-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Paradis) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills
Development) Employer
BEFORE Bram Herlich Arbitrator
FOR THE UNION Leila Gaind
Morrison Watts
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
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 the grievor and to one designated Union advisor,
should there be one, on the condition that the grievor and 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.
[3] In order to ensure maximum confidentiality regarding the documents to be
produced as a result of the orders set out in paragraphs 1 and 2 and directions set
out above, I direct the parties, their officers, agents, employees and counsel to
abide by the following order with respect to the use of documents produced at any
time in this proceeding, whether or not they are entered into evidence at the
hearing:
a) All documents are to be kept confidential as among the parties;
b) No copies are to be made of any document except (as set out above)
for the purpose of the arbitration;
c) The documents are to be used for the purposes of this arbitration only
and for no other or improper purpose;
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d) All copies of all documents are to be destroyed at the conclusion of
this grievance and any judicial review proceedings arising out of this
grievance, save for one copy to be retained by each counsel in their
file.
Dated at Toronto, Ontario this 28th day of June, 2023.
“Bram Herlich”
Bram Herlich, Arbitrator