HomeMy WebLinkAbout2011-3658.Esser et al.12-07-05 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-3658, 2011-3659, 2011-3660, 2011-3661
UNION#2012-0128-0002, 2012-0128-0003, 2012-0128-0004, 2012-0128-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Esser et al) Union
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The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE M.V. Watters Vice-Chair
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Jennifer Richards
Ministry of Government Services
Labour Practice Group
Counsel
HEARING June 28, 2012.
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Decision
[1] Following submissions from the parties with respect to the Union’s request for
particulars and production of documents, and the Employer’s request that conditions be
imposed on the provision of same, I ordered as follows:
(i) The Employer provide particulars in respect of the discipline imposed on all grievors, including those grievors whose cases have been consolidated in this proceeding; any post-termination incidents and evidence on which the Employer may rely; the discipline imposed on Derek Wilkins; and the exchange of
information between the Sarnia and London Police Forces and the Employer relating to the grievance of Derek Wilkins;
(ii) The Employer produce all documents on which it intends to rely, including the CISU Report and all documents contained in the Exhibit Register; all documents relating to the second investigation
and the CISU Report in respect of Derek Wilkins; documents relating to any post-termination incidents and evidence on which the Employer may rely in respect of the grievance of Derek Wilkins; and any video, audio or written statement received from the Sarnia Police Force related to the second investigation
concerning Derek Wilkins;
(iii) The particulars and production ordered above be provided to the Union by Friday, September 7, 2012; and
(iv) The provision of particulars and production of documents is subject to the following conditions: any material disclosed is only to be
used for the purposes of this litigation, and for no other purpose; any information disclosed is not to be provided or disseminated to anyone else except upon the further order of this Vice-Chair; at the conclusion of this litigation, all documents and other material disclosed will be returned by the grievors and will be retained only
by counsel for the Union; and the particulars and documents produced can be shared with the second lawyer to be retained by the Union to represent those grievors who are in a conflict of interest position. Such lawyer is also subject to the above-described conditions.
[2] I note that the Employer consented to the substance of this order in
respect of the particulars and production requested. The Union consented to the
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conditions attached thereto without prejudice to any position it may wish to take
in future proceedings.
[3] Any additional issues relating to the provision of particulars or the
production of documents can be addressed by the parties through a conference
call with this Vice-Chair or on a scheduled hearing date.
Dated at Toronto this 5th day of July 2012.
M.V. Watters, Vice-Chair