HomeMy WebLinkAbout2022-8631.Bahadur.24-06-07 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# 2022-8631
UNION# 2022-0526-0028
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bahadur) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Robin Lostracco
Ontario Public Service Employees Union
Senior Grievance Officer
FOR THE EMPLOYER Maria-Kristina Ascenzi
Treasury Board Secretariat
Labour Practice Group
Counsel
HEARING May 15, 2024
-2 -
Decision
[1] Further to case management directions given during a conference call with the
parties’ representatives on March 25, 2024, by letter dated April 15, 2024 the
Employer provided the Union with an itemized list of documents which it objects
producing in whole or in part with a brief statement of the basis of its objections.
The Union maintains its request for the documents in question. A conference call
was held on May 15, 2024 to hear the parties’ submissions with respect to the
disputed documents.
[2] Having considered the representations of the parties, I make the following orders
with respect to the disputed documents:
(i) The Employer is ordered to produce the documents to the Union. With the
exception of the documents specifically described below, the documents are
to be produced to the Union in an unredacted form.
(ii) The Union is directed not to provide copies of the disputed documents to the
Grievor.
(iii) Notwithstanding (ii), the Union may show the disputed documents to the
Grievor for the purposes of preparing for and conducting the arbitration
hearing, provided that the Grievor is not permitted to in any way retain or make
a copy of any of the disputed documents shown to her.
(iv) The documents produced may be used for the purposes of the arbitration
hearing in this matter but not for any other purpose.
(v) The Employer seeks to redact certain information from the documents listed
below. It is not apparent at this time that the information in question is
arguably relevant. Accordingly, the Employer may redact the information in
question, without prejudice to the Union’s right to request that some or all of
the information be unredacted should it become apparent in the course of the
proceedings that it is arguably relevant. The documents and redactions
which may be made in accordance with this direction are as follows:
(a) March 31, 2022 12:30 PM email from Andrew Pilla, Crown
Attorney: the names referenced in the email may remain redacted.
(b) March 31, 2022 2:03 PM email from Andrew Pilla, Crown Attorney;
the text of the email may remain redacted.
-3 -
(c) April 1, 2022, 12:15 PM email from “redacted” at Thunder Bay
Police to Sona Advani: the name of the sender of the email may
remain redacted.
Dated at Toronto, Ontario this 7th day of June 2024.
“Ian Anderson”
Ian Anderson, Arbitrator