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HomeMy WebLinkAbout2002-3143.Millar.03-10-23 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#2002-3143 UNION# 2003-0530-0014 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Millar) Grievor - and - The Crown In RIght of Ontano (Mimstry of PublIc Safety and Secunty) Employer BEFORE Manlyn A. Nairn Vice-Chair FOR THE UNION Ed Holmes Ryder Wnght Blair & Doyle BarrIsters and SOlICItorS FOR THE EMPLOYER Yasmeena Mohamed Semor Counsel Management Board Secretanat HEARING October 21 2003 2 INTERIM ORDER ThIS gnevance concerns the non-renewal of an unclassIfied contract. The umon alleges that the non-renewal was wIthout cause The Crown (represented by the Mimstry of PublIc Safety and Secunty) dIsputes that assertIOn. The partIes are agreed that I have the JunsdIctIOn to hear and determIne the matter The heanng convened on October 21 2003 at whIch tIme the partIes engaged In medIatIOn. At the conclusIOn of the day the heanng reconvened and I made certaIn orders and accepted certaIn undertakIngs wIth respect to matters of productIOn whIch are summanzed below' 1 The employer and more specIfically Mr John Eldndge, Inspector CISU IS dIrected to produce all of the InfOrmatIOn, IncludIng but not lImIted to notes, e-maIls, letters, documents, tape recordIngs, surveIllance schedules, surveIllance notes, notes and/or correspondence between InstItutIOns, or any Internal notes, that relate In any way to the InVestIgatIOn of Ms Jenmfer Millar Mr Eldndge was present In the heanng and advIsed that he would be able to comply wIth thIS order by no later than Tuesday October 28 2003 The matenal IS to be provIded to employer counsel who wIll have an opportumty to reVIew It. The matenalIs then to be forwarded to umon counsel by no later than Tuesday November 4 2003 2 Employer counsel undertook to engage an audIt process and to provIde the results of that audIt wIth respect to the OTIS system records as It relates to Jenmfer Millar for the penod September 1 2002 to January 16 2003 InclUSIVe ThIS IS to Include any and all records of access to that file by any person, wIth dates and tIme of access and IdentIfYIng the name of the person acceSSIng the record. The partIes agree that thIS undertakIng IS qualIfied to the extent that the employer and employer counsel were unable to confirm at the tIme whether such an audIt IS possIble Employer counsel IS to advIse umon counsel by no later than Tuesday November 4 2003 whether the InformatIOn sought may be obtaIned. Any further Issue regardIng tIme IS to be addressed between counsel first. If they are unable to resolve any related matter counsel may dIrect that to me for determInatIOn. 3 Employer counsel undertook to produce any polIcIes or procedures relatIng to the destructIOn of those records IdentIfied as # 15 of the ExhIbIt RegIster of the InvestIgatIOn Report (#TJ -L 1- 3 73/2002) IncludIng any InformatIOn as to who authonzed destructIOn, when It was done, and who destroyed the records The partIes agree that thIS undertakIng IS qualIfied to the extent that employer counsel could not confirm whether there were any relevant wntten polIcIes or procedures That matenalIs to be forwarded to umon counsel by no later than November 4 2003 ThIS matter IS referred to the RegIstrar of the Board for the purpose of schedulIng eIght days of heanng In consultatIOn wIth the partIes Dated at Toronto thIS 22nd day of October 2003