HomeMy WebLinkAbout2022-12215.Menzies.23-06-27 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# 2022-12215
UNION# 2023-0310-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Menzies) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills
Development) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Georgina Watts
Morrison Watts
Counsel
FOR THE EMPLOYER Jonathan Rabinovitch
Treasury Board Secretariat
Legal Services Branch
Counsel
-2 -
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 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 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.
-3 -
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 27th day of June 2023.
“Janice Johnston”
Janice Johnston, Arbitrator