HomeMy WebLinkAbout2002-2160.Pinder et al.03-09-16 ORDER
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# 2160/02,2161/02,2534/02,0250/03 0261/03
UNION# 2002-0508-0004 2002-0508-0003 2002-0502-0003 2003-0542-0002,2002-0579-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(PInder et al ) Grievor
- and -
The Crown In RIght of Ontano
(Management Board Secretanat) Employer
BEFORE RandI Abramsky Vice-Chair
FOR THE UNION Donald Eady
PalIare Roland Rosenberg RothensteIn LLP
BarrIsters and SOlICItorS
FOR THE EMPLOYER DavId Strang and Fenna MurjI
Counsel
Management Board Secretanat
HEARING August 14 2003
2
ORDER
HavIng heard the representatIOns of the partIes WIth respect to the umon's to request for pre
heanng dIsclosure I make the folloWIng orders
1) The employer wIll provIde to counsel for the umon copIes of all documents that
ImtIated or record the ImtIatIOn of the InVestIgatIOn of e-maIl accounts as at June 15
2001 and January 11 2002 that resulted In the dIscIplIne that IS the subject of the
gnevances In thIS matter (the InVestIgatIOn) by October 7 2003
2) The employer wIll provIde to counsel for the umon the eVIdence summary sheets,
copIes of the e-maIls and attached Images IdentIfied on such sheets, (or make
arrangements for counselor a representatIve to reVIew attached vIdeo clIps, If any)
draft and final InVestIgatIOn reports, the employees' comments, If any on the reports
and the employer's mInutes or notes of InVestIgatIve or dIscIplInary IntervIews WIth
the 83 persons other than the gnevors who were subject to an InVestIgatIve IntervIew
In connectIOn wIth the InVestIgatIOn by October 7 2003
3) The matenal provIded under thIS order shall only be vIewed, used or copIed by the
umon ItS counselor the gnevors as IS reqUIred to prepare and present the umon's case
In thIS matter
4) The eVIdence summary sheets, copIes of the e-maIls IdentIfied on such sheets, draft
and final InVestIgatIOn reports, the employees' comments, If any on the reports and
the employer's mInutes or notes of InVestIgatIve or dIscIplInary IntervIews WIth
persons not fallIng wIthIn the umon's bargaInIng umt shall remaIn In the custody of
umon's counsel Counsel shall not dIsclose thIS matenal or the names of the
employees or InformatIOn that would IdentIfy the employees to persons other than
members or employees of counsel's firm assIstIng In representIng the umon In thIS
matter The forgoIng does not prevent counsel from descnbIng to the gnevors and
InstructIng officIals of the umon the nature of the matenal and the potentIal relevance
of all or part of the matenal for the purpose of obtaInIng InstructIOns
5) Counsel may request a modIficatIOn In the restnctIOns on the dIsclosure of some or all
of the matenal provIded under thIS order pnor to or dunng the heanng of thIS matter
where such a modIficatIOn IS reasonably reqUIred to obtaIn InstructIOns or for the
preparatIOn or presentatIOn of the umon's case
Dated at Toronto thIS 16th day of September 2003
H, c;.hYU1t5lCv --
Randy H. Abramsky
Vice-Chair