HomeMy WebLinkAbout2022-12221.Noga.23-07-18 DecisionCrown Employees
Grievance
Settlement Board
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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#2022-12221
UNION#2023-0546-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Noga) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and
Skills Development) Employer
BEFORE Brian McLean Arbitrator
FOR THE UNION Leila Gaind
Morrison Watts
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
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Decision
NOGA – AMENDMENT TO DECISION DATED MAY 18, 2023
Having consulted with the parties and on their consent I hereby direct that the decision
dated May 18, 2023 be amended to read as follows:
[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 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;
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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 18th day of July 2023.
“Brian McLean”
_____________________
Brian McLean, Arbitrator