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HomeMy WebLinkAbout2001-0588.Union Grievance Raymond et al.02-11-08 Decision ~M~ om~o EA1PLOYES DE L4 COURONNE _QJ.L i~~i~~~~T DE L 'ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONE/TELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#0588/01 0701/02 UNION#OIUOOl 02B468 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Umon Gnevance/Raymond et af ) Grievor -and- The Crown In RIght of Ontano (Mimstry ofCommumty and SocIal ServIces) Employer BEFORE Jamce Johnston Vice-Chair FOR THE UNION John BrewIn Counsel Ryder Wnght Blair & Doyle FOR THE EMPLOYER Stephen Patterson AssocIate DIrector Labour PractIce Group Management Board Secretanat HEARING November 5 & 6 2002 2 INTERIM DECISION At the commencement of the heanng Into this matter, counsel for the employer requested the production of certain documents and matenals The parties were able to reach agreement on which matenals would be produced by the union Some of the matenals to be produced were to be subject to certain restnctlons due to Issues with regard to the confidential nature of the Information One set of matenals requested by the employer which falls Into thiS category IS "all records created dunng the fifteen Interviews and two focus groups upon which Mr Lewchuk relies" The parties were able to agree on the production of thiS matenal on certain conditions Based on the agreement of the parties, I order that the matenal referred to above be produced on the following basIs 1 The Information set out In paragraph two above shall be downloaded onto a disc and copies of the Interview sheets shall be provided to counsel for the employer on or before November 15, 2002 2 Counsel will review thiS matenal and will maintain confidentiality with regard to It. Specifically, he will not discuss the contents with anyone (other than as set out below), will not copy the disc In ItS entirety, and at the conclusion of these proceedings shall return any paper copies of the Information which have been made and the onglnal disc to Dr Lewchuk. 3 Should employer counsel wish to discuss portions of the matenals with his client, he will contact counsel for the union and agree If possible concerning the manner and extent of any disclosure of the matenals Should counsel be unable to 3 agree the Issue can be raised before me either at the next scheduled heanng date or via a teleconference call 4 After counsel for the employer has concluded his review of the matenals, he shall Inform counsel for the union as to whether and/or how he proposes to use the Information contained In the matenals In these proceedings Once again should the parties be unable to agree the Issue can be brought before me ThiS matter shall continue on the next scheduled heanng dates Dated In Toronto thiS 8th day of November, 2002 .. Janice Johnston Vice-Chair