HomeMy WebLinkAbout2023-00429.Hebert.24-07-23 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# 2023-00429
UNION# 2023-0737-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hebert) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian McLean Arbitrator
FOR THE UNION Robert Healey
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Katie Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 19, 2024
-2 -
Decision
[1] This is a discharge grievance. The parties appeared at the Board on July 19,
2024, but were unable to commence the hearing because the Employer was
unable to provide full production to the Union.
[2] The Employer intends to rely on a number of video recordings as part of its case.
In addition, the Union seeks production of certain video recordings. However,
certain of these recordings were not produced by the Employer prior to July 19.
The Employer explained that its failure to produce the videos was occasioned by
technical difficulties which it was unable to resolve. In short, the Employer could
watch the videos on its security system but is unable to transfer them to a form
which the Union (or I) can view on our own computers.
[3] The Union argues that the Employer's position is unacceptable. While the
Employer strenuously resisted the Union’s position, it was obvious to me that the
Employer had not addressed the issue with the seriousness it deserves. For
example, it relied on its workplace representatives to resolve the problem rather
than seek the assistance of a tech expert or someone from the company that
created or supplied the camera/recording equipment.
[4] Rather than determine the Union's motions at this point, I find it appropriate to
give the Employer more time to resolve the issue. Accordingly, the Employer
shall have until September 30, 2024 to produce to the Union the videos at issue
and any other documents it intends to rely on or which the Union has sought
production of.
[5] If the Employer does not produce the required videos and materials I shall
convene a conference call to determine next steps including whether the
Employer should be permitted to rely on the events which were recorded on the
videos at issue.
Dated at Toronto, Ontario this 23rd day of July 2024.
“Brian McLean”
Brian McLean, Arbitrator