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HomeMy WebLinkAbout2002-0474.Vangou.05-09-15 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# 2002-0474 UNION# 2001-0506-0001 2001-0506-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (V angou) Union - and - The Crown In RIght of Ontano (Mimstry of TransportatIOn) Employer BEFORE Nimal V DIssanayake Vice-Chair FOR THE UNION Hilary Cook Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Sunee1 Bahal Counsel Management Board Secretanat HEARING September 13 2005 2 Order Thls on-golng proceedlng lS about a grlevance flIed by Ms Emma Vangou alleglng that the employer had dlscrlmlnated agalnst her on the basls of her dlsablllty, and harassed her because of her trade unlon actlvlty One of the allegatlons lS that the employer acted In bad falth agalnst the grlevor In relatlon to her bld to obtaln employment wlth Serco Drlver Examlnatlon SerVlces Inc (" Serco") to whom the drlver examlnatlon functlon had been dlvested by the employer The unlon served a subpoena duces tecum on an offlcer of Serco, requlrlng the productlon of the notes taken by reference checkers employed by Serco at the tlme they obtalned three employment references for the grlevor over the telephone, from three Mlnlstry supervlsors Serco obJected to the subpoena through ltS own counsel, and ltS ob]ectlon was supported by the employer The basls for the ob]ectlon was that the notes wlth respect to the communlcatlons between the reference checkers and reference glvers were prlvlleged The Board heard eVldence and submlsslons on thls ob]ectlon and lssued ltS declslon wlth reasons on March 11, 2005 In essence, the Board ordered the 3 productlon of "all notes and records of the references provlded for the grlevor by the three reference glvers", and attached condltlons to ensure confldentlallty except for the purposes of thls proceedlng Thls order relates to another subpoena duces tecum, served by the unlon to Ms Lenore Thompson of Serco, returnable at the hearlng on September 13 th , 2005 The subpoena requlred her to produce, lnter alla, "Any past or present contact lnformatlon for the lndlvlduals who checked Ms Vangou's references" After belng sworn In, Ms Thompson was asked If she had brought the lnformatlon set out In the subpoena, speclflcally the contact lnformatlon Ms Thompson replled that she had brought the contact lnformatlon, but added that she would be prepared to produce the lnformatlon to the unlon only pursuant to a wrltten Board order requlrlng productlon She stated that she had concerns about prlvacy lssues, and she was not sure whether the reference checkers' testlmony lS relevant, Slnce thelr notes had been already produced pursuant to the Board's prevlous order I orally ordered that the lnformatlon be produced, wlth an undertaklng to conflrm the order In wrltlng as soon as posslble 4 In my Vlew the unlon lS entltled to the productlon The hand-wrltten short-form notes made by the reference checkers are already In eVldence lS thls proceedlng If the unlon so wlshes, It must at least have the opportunlty to seek clarlflcatlon of the contents of those notes If the unlon chooses to call any or all of the reference checkers, and If they take lssue wlth the relevance and/or admlsslblllty of any speclflc eVldence to be tendered through them, those must be determlned at the tlme Therefore, I hereby conflrm that Ms Thompson lS ordered to produce to the unlon any past or present contact lnformatlon for the lndlvlduals who checked Ms Vangou's references Dated thls 15th day of September, 2005 at Toronto, Ontarlo ~. . . , ~ . . ,. ....1:. I-m n,' ~~~;~~~W - .. t..... . .: : Vlce- rpers6n .