HomeMy WebLinkAbout2001-0542.Hastie.03-09-15 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 0542/01 0559/01 0560/01 0561/01 0831/01 0908/01
UNION# 01F478 01C400 01C401 01C402,01B275 01B298
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(HastIe et al ) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of Natural Resources) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Donald Eady
PalIare Roland Rosenberg RothensteIn LLP
Barnsters and SOlICItorS
FOR THE EMPLOYER Stephen Patterson
AssocIated DIrector Labour PractIce Group
Management Board Secretanat
HEARING September 12, 2003
2
DECISION
It became apparent dunng the cross-eXamInatIOn of an Employer wItness, Mr R.
Messervey that an undertakIng to produce relevant documents dId not achIeve Its desIred result.
Notes taken by Mr Messervey dunng meetIngs wIth employees as part of a dIscIplInary process
had not been provIded to counsel for the Umon Although not IntentIOnal, the faIlure to provIde
the notes to the Umon resulted In a loss of some heanng tIme Counsel for the Umon requested
that I Issue a productIOn order to ensure that the Employer produce all documents relatIng to
testImony to be gIven by the Employer's final three wItnesses HavIng regard to the Umon's
request, the partIcular cIrcumstances and the absence of an obJectIOn from the Employer I dIrect
the Employer as follows
The Employer IS dIrected to provIde to Umon counsel all documents (includIng
but not lImIted to correspondence, statements, papers, records or memoranda and
electromc mall) not already provIded In connectIOn wIth the e-maIl InVestIgatIOn
In the Mimstry of Natural Resources In 2001 SpecIfically thIS IS to Include
(1) all documents related to meetIngs or conversatIOns held by Robert
Messervey In the course of the InVestIgatIOn, IncludIng but not lImIted
to any notes or documents created as a result of or dunng the InVestIgatIOn
process and meetIngs wIth employees (includIng but not lImIted to pre-
dIscIplInary and dIscIplInary meetIngs) and IncludIng documents created
by other IndIVIduals In attendance
(2) all documents related to the InVestIgatIOn In the posseSSIOn or control
ofMr DavId Lynch, or the Employer and
(3) all documents related to the InVestIgatIOn In the posseSSIOn or control
ofMs Janet Addyman, or the Employer
The documents referred to In (1) and (2) above shall be produced no later than
5 00 P m. on September 16 2003 The documents referred to In (3) above shall
be produced by December 1 2003