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HomeMy WebLinkAbout2010-2654.Pacheco.17-10-06 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 October 5, 2017 - 2 - DECISION [1] This is a continuing matter relating to a number of discipline grievances filed on behalf of Mr. J. Pacheco. During the course of addressing disclosure issues, the Employer agreed to conduct an audit of the bailiff computers. It recently came to the Employer’s attention that the computers in question had been “refreshed”, with the result that the data contained on these computers may have been permanently lost. When these circumstances were brought to the attention of Employer counsel, he advised Union counsel of the situation. The fact that the data on these computers may have been permanently lost is of considerable concern to the Union. As a result, Union counsel prepared a list of questions for the Employer to answer relating to what can be referred to as the “computer wipeout”. The questions are as follows: Preliminary Questions re Computer Wipeout 1. Re Fernandez Occurrence Report Sept. 19, 2017: a. Apart from the three computers in the Bailiffs’ Room were any other computers in the Bailiffs’ Department (OTO) “refreshed”? b. Please provide the same identifiers (Asset Tag and serial numbers) for all computers and the other Computer Hardware Renewal Notices for the department. c. Were all of the department computers dealt with in the same way, or just the three computers in the Bailiffs’ Room? What computers remain, if any? d. Were any of the computers in the Bailiffs department moved, “refreshed” or replaced after March, 2014? e. What does “refreshed” mean (please describe in detail what happened, including what happened to the existing computers)? f. What does “wiped” mean? i. Were the files, emails, documents or images preserved in any way? ii. Were the current PST files on the “refreshed” computers destroyed or are they still available? iii. Were any personal server shares in Ad1 format on the “refreshed” computers destroyed or are they still available? iv. Were any shared network folders that may contain the specified Occurrence reports that were on the “refreshed” computers destroyed or are they still available on AD1 format? - 3 - v. Is it correct to say that the proposed forensic study cannot now be performed and that no information pertinent to that study or this case can be retrieved? g. What is the Synerion system? h. Who is Sgt. Andrew Garbacz and what is his assignment relevant to this event? i. Who allowed the technicians who performed the “refresh” into the Bailiffs’ offices and into the Bailiffs’ room? Whom was consulted by that person, if anyone, before allowing them into the offices and what documentation or authority were provided for the entry into the Bailiffs’ offices? 2. What instructions about the preservations of the computers and the hardware, if any, were issued to Ms. Fernandez by Mr. Dykstra, Mr. Watson or anyone else in authority over the Bailiffs at any time from March 3, 2016 on? 3. Moxam email: it is noted that Mr. Moxam was responsible for supervising the staff from September 11, 2017. The “refreshing” took place September 10, 2017. Who was in authority over the Bailiffs’ offices on September 10, 2017? Please describe the lines of authority in the Bailiffs’ department September 10, 2017. 4. Was it the practice at Maplehurst to “refresh” computers on a Sunday? Has that ever occurred in respect of the Bailiffs’ department at Maplehurst in the past? 5. What is Jacquie Playter’s position and what are the positions of the individuals cited in the September 6, 2017 email? 6. There is only one computer, it appears from the September 6 email, for which the renewal notice is provided. Please provide any other renewal notices issued for the bailiffs’ department. 7. Please provide the written instructions to the technicians and the company governing the “refreshing” procedure at Maplehurst including the Bailiffs operations in place in 2016 and 2017 including applicable contracts. 8. Please provide any and all documents setting the procedures in place for “refreshing” computers in the Ministry including Maplehurst and the Bailiffs’ operations. [2] Based on the answers to these questions, the Union will determine what position(s) it may take on the computer wipeout issue. Union counsel requested that I - 4 - direct the Employer to respond to the questions in writing by no later than October 12, 2017. [3] Counsel spoke to this issue briefly at the hearing on October 5, 2017. Having considered this matter, I find it appropriate to make the direction requested by the Union. Accordingly, the Employer is directed to respond to the questions from the Union set out above in writing by no later than October 12, 2017. If the Employer cannot or will not answer a particular question, it should explain in writing why it takes such a position. Dated at Toronto, Ontario this 6th day of October 2017. Ken Petryshen, Arbitrator - 5 - 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