HomeMy WebLinkAbout2023-00208.Snudden.23-09-19 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# 2023-00208
UNION# 2023-5112-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Snudden) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian McLean Arbitrator
FOR THE UNION Mae J. Nam
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Julia Evans
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING August 10, 2023
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Decision
[1] The redacted OPP Intelligence Report (the “Report”), prepared for CSOI as part
of its investigation, shall be produced by the Employer to the Union subject to the
following conditions:
a) The Report will be released to Union counsel in this proceeding and one
instructing advisor.
b) The Report and its contents will be maintained as confidential;
c) Neither the Report nor its contents shall be disclosed to or discussed with
any person or party not a participant in this proceeding;
d) The Report can only be used for purposes relating to this proceeding and
for no other or improper purpose;
e) Subject to the terms below, the Report shall not be copied, but for copies
that are required for the Arbitrator, each party’s counsel, each party’s
advisor, or a witness during the hearing;
f) Union counsel may provide a copy to the Grievor for the purpose of this
proceeding, however, the conditions of production in this Order apply to
the Grievor and at the end of this proceeding, he must return his copy to
Union counsel, who will return that copy to the Employer or destroy that
copy and confirm that it has been destroyed;
g) The only copies to remain at the conclusion of the arbitration are the
copies in the possession of the Arbitrator and Counsel for each of the two
parties, which are to remain in the care and control of each party’s
Counsel.
[2] Medical documentation that is arguably relevant to this matter shall be produced
by the Union to the Employer subject to the following conditions:
a) The documents or material will only be released to Employer counsel for
this grievance proceeding and one instructing advisor.
b) The documents or material produced will be maintained as confidential.
c) The documents or material produced will not be disclosed to any person
or party not a participant in these proceedings.
d) The documents or material produced can only be used for purposes
relating to this proceeding and not for any other purpose or proceeding.
e) The documents or material produced shall only be photocopied for
purposes relating to this proceeding.
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[3] The production directions in this Order are without prejudice to any position that
either party may take in respect of future production requests if and as they arise.
Dated at Toronto, Ontario this 19th day of September 2023.
“Brian McLean”
Brian McLean, Arbitrator