HomeMy WebLinkAbout2011-2422.Coelho.14-12-02 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#2011-2422, 2012-2253
UNION#2011-0290-0059, 2012-0290-0027
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Coelho) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Michael Lynk Vice-Chair
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Counsel
CONFERENCE CALL November 14, 2014
- 2 -
Decision
By the authority vested in me, I make the following interim orders with respect to the production
of documents:
[1] Documents that are not “confidential” may be shared with those who need to have them
for the purposes of the Employer counsel’s preparation of the case. As this is a personnel
matter, those with whom the documents are shared may not share or discuss the contents
with others, except on a need-to-know basis and on the basis that they are to be kept
confidential. Only when the hearing takes place and the documents are entered into
evidence do they become public.
[2] “Confidential” documents are those which contain information about the Grievor’s
medical condition or are documents that are in the Grievor’s WSIB or Manulife file.
[3] “Confidential” documents and the information in them may be shared by the Employer
counsel only with Santo Lisi, Roger Chouinard and Karen Martin for the purpose of
obtaining instructions or preparation for the hearing. They may not share the documents
or the information in the documents with anyone else, without the consent of Union
counsel or by order of the Board. They may not make copies of those documents. When
the proceedings are completed they will return all copies to Employer counsel and she
will either destroy them or put them in a place to which only she or her successors as
counsel for the Employer will have access. Employer counsel will advise Union counsel
when this has been done.
[4] Notwithstanding paragraph 3, the Employer is entitled to review the confidential
documents and the information in them that it has received from the Union with Ms.
Hossein, Ms. Burrell and Ms. Wong, provided that doing so is strictly necessary for the
purposes of preparing witness testimony, and that the documents and information shared
is conducted solely on a need-to-know basis. The terms listed in paragraph 3 with respect
to the sharing and copying of documents, and with respect to the ultimate disposal of the
documents, apply equally to the directions in this paragraph.
- 3 -
[5] Union counsel will endeavour to provide Employer counsel with a list of documents he
intends to introduce in evidence. All such documents may be discussed with those with
whom Employer needs to consult in preparation of the case. Once the documents are
introduced as evidence they will be treated as public documents, subject the general
practice in proceedings before the Board of protecting the Grievor’s privacy as far as
reasonably possible in the circumstances.
Dated at Toronto, Ontario this 2nd day of December 2014.
Michael Lynk, Vice-Chair