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HomeMy WebLinkAbout2010-2654 Pacheco 17-09-11 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2010-2654 UNION#2010-0234-0283 Additional grievances noted in Appendix “A” IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pacheco) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Ken Petryshen Arbitrator FOR THE UNION John Brewin Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Suneel Bahal Treasury Board Secretariat Legal Services Branch Counsel HEARING September 7, 2017 - 2 - DECISION [1] In a decision addressing some production issues dated August 24, 2017, I directed the Union “to produce any and all notes taken by Mr. Pacheco or by Mr. Jagpal in relation to meetings held regarding the matters currently being heard by the GSB”. In relation to that direction I noted that Union counsel had advised that a claim of privilege might be asserted with respect to some of the notes the Union would produce. [2] The Union did provide Employer counsel with typed notes pursuant to the Board’s direction. Parts of the notes were redacted on the ground that those parts were protected by a privilege. During a discussion I had with counsel at the hearing on September 7, 2017, Employer counsel advised that the Employer wanted the Union to produce an unredacted version of the notes. I took this to mean that the Employer wanted to challenge the Union’s assertion that some parts of the notes were protected by a privilege. After some further discussion of this issue and as a first step in dealing with the question of whether parts of the notes were protected by a privilege, I directed the Union to produce the unredacted version of the notes to Employer counsel to be viewed only by Employer counsel and co-counsel. I made this direction with the hope that the issue of privilege could be resolved by the parties. I anticipated that Employer counsel would review the redacted parts of the notes to determine whether a privilege claim was sustainable and, from a practicable point of view, whether it was necessary to have a dispute over this issue. Employer counsel would then be in a position to provide advice to his client and obtain instructions on this issue. If this initial step to deal with the privilege issue does not avoid a dispute about the redacted parts of the notes, counsel can make further submissions on how to resolve the dispute. Dated at Toronto, Ontario this 11th day of September 2017. Ken Petryshen, Arbitrator - 3 - Appendix A GSB Number OPSEU File Number 2012-0727 2012-0234-0066 2013-3214 2013-0234-0359 2014-0350 2014-0234-0061 2014-3305 2014-0234-0458 2014-3846 2014-0234-0508 2014-4854 2015-0234-0030 2015-0390 2015-0234-0058 2015-0494 2015-0234-0069 2015-0495 2015-0234-0070 2015-0496 2015-0234-0071 2015-0913 2015-0234-0085 2015-0914 2015-0234-0086 2015-0915 2015-0234-0087 2015-0916 2015-0234-0088 2015-1310 2015-0234-0108 2015-1311 2015-0234-0109 2015-1312 2015-0234-0110 2015-1313 2015-0234-0111 2015-1314 2015-0234-0112 2015-1315 2015-0234-0113 2015-1316 2015-0234-0114 2015-1317 2015-0234-0115 2015-1318 2015-0234-0116 2015-1319 2015-0234-0117 2015-1320 2015-0234-0118 2015-1321 2015-0234-0119