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HomeMy WebLinkAbout2015-1330.Dubuc.18-02-08 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#2015-1330 UNION#2015-0453-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Dubuc) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Bram Herlich Arbitrator FOR THE UNION Jesse Gutman Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER FOR ONTARIO PROVINCIAL POLICE Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel Lynn Donnelly Counsel TELECONFERENCE February 1, 2018 Decision [1] The trade union seeks an order that the Ontario Provincial Police (“OPP”) produce all documents from its investigation file that pertain to the cause and origins of a fire at Place Mont Roc. [2] While reserving its right to object to the relevance and admissibility of any such documents, the employer did not oppose their production. [3] For its part, counsel for the OPP indicated that it was unsure of what would constitute the dividing line between documents in the file that do and those that do not pertain to the cause and origin of the fire. However and subject to what follows, she indicated that her client had no difficulty, pursuant to an order of this Board, producing the investigation file in its entirety. She retained the right to redact or withhold documents should the OPP be of the view that any release would pose difficulties, including any prejudice to law enforcement interests or those of third parties. She also indicated that, in view of the volume of materials which comprise the investigation file, it might take up to six months to effect the production. [4] Having regard to the submissions of the parties, I hereby direct that the OPP produce its investigation file. [5] The union took no issue with the OPP’s estimate of the amount of time which might be required to effect the production. [6] I shall remain seized should there be any issues relating the production herein directed. Dated at Toronto, Ontario this 8th day of February, 2018. “Bram Herlich” Bram Herlich, Arbitrator