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HomeMy WebLinkAbout1995-0810WHITE97_08_21 , DwrARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE l'DwrARIO 1111 GRIEVANCE COMMISSION DE ./ SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M6G tZ8 TELEPHONEfTELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G tza FACSIMILEfTELECOPIE (416) 326-13fHJ GSB # 810/95 OPSEU # 95D080 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (White) Grievor - and - The Crown in Right of ontario (Ministry of Community & Social Services) Employer BEFORE: N. Dissanayake Vice-Chair FOR THE C Flood UNION Counsel Koskie & Minsky Barristers & Solicitors FOR THE C Samaras EMPLOYER Counsel Legal Services Branch Ministry of Community & Social Services HEARING August 20, 1997 2 Board Order Th~5 is a discharge grievance filed by Mr Jilek Whi te At the commencement of the hearing, the Board, in the company of the parties took a view of the workplace. After the h~arinq had resumed and union counsel had completed his opening statement, he requested that the Board order that the employer produce to the union the personnel tile of Mr. Dan Wither, an employee whose allegation that the grievor had sexually a$$aulted a female re5~d~nt ult~mately led to the grievor's discharge The employer objected to th~s request of the grounds of relevance After receiving the submissions of both counsel, the Board concluded that it would not order production of Mr Wither's complete file a~ ~hat time Production will only be directed after a determination is made that specific do~uments ~n the flle are relevant to the issues in dispute in this proceeding In order to enable this determination, the Board orally ordered that the employer provide union counsel access to the said tile, so that he may inspe<::t the same and. ident::l.fy particula.r docillnents, if any, he claim~ to be rele....'snt Once that is do~e, a~cl if the employer disputes the relevance of any doc~.ent so ider.tif~ed, the Soard would hear submissions and MaKe a ruling The foregoinq order was made sUbject to the follow~ng conditions (41 ) Only union counsel, Mr Craig Flood, will have access to Mr Wlther's personnel f'ile for purposes of inspectiwo. :;0 d 96[1 qc~~9 T t'000t,82 O.L oil ~",f,'.. u~ss 11] (I 1 'QUJ 1 N WOd::! Wdl~ 2:1 ":'661-1<::':-80 3 (b) The employer will provid~ un~on counsel with the s.io file at 10 00 a m on August 21, 1997 at the Highwayman Inn, in Orillia, ant.rio (e) Union counsel shall keep the information 1n the file confidentIal, except on the consent of the employer or where the Board has formall:! directed production of a partic~lar document(s) (d) !n advance of the inspectio:J. of the file, union coun$el shall set out for the e!nployt'H" coungel in writing, the basis upon which the inspection of ML Wither's file is sought (e) In the ~vent that union counsel is of the view that he needs to obtain instructlons from the grievor Or the union about a document in the file, he shall first raise th.:; matter with the employer counsel If clarifications and explanations provided by the employer about the documents still does not satisfy uni:m '~ounsel, he may get instructions from the 9rievor or the union, di~closing as little inforrrLation as is necessary for the purpos~ The ;rievor and the union recelving such disclosure shall keep them confidentlal Prlor to maklngiany such disclosure to the gr~evor or the union, uni~n counsel shall adVlse employer counsel of the nature of ~he intended disclosure The oral hereby confirms the oral order made at the hearing Dated August 21, 1997 at Hamilton, Ontario. ~.~ Nirnal Dissana Vice-Chairperson ,;:)3 d 95U9cTS1v000,,8c 01 _'i",nI<U",sslJ (I l",wq" ~~O~.::l Wd1; 21 ,-,551-12-80