HomeMy WebLinkAbout2022-12219.Lynch.23-07-13 Decision
GSB# 2022-12219
UNION# 2023-0546-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lynch) Union
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The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills Development) Employer
BEFORE Diane L. Gee Arbitrator
FOR THE UNION Jorge Hurtado
Morrison Watts
Counsel
FOR THE EMPLOYER Erika Montisano
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 12, 2023
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
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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 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 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;
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c. The documents are to be used for the purposes of this arbitration only and
for no other or improper purpose;
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 13th day of July, 2023.
“Diane L. Gee”
_______________________
Diane L. Gee, Arbitrator