Loading...
HomeMy WebLinkAbout2017-0662.Manna et al.18-04-16 DecisionCrown 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#2017-0662 UNION# 2017-5112-0134 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Manna et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Diane Gee Arbitrator FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel HEARING December 18, 2017 (last submissions received on March 30, 2018) -2- DECISION [1] This matter is a grievance in which it is alleged that the Employer violated the Collective Agreement and the Freedom of Information and Protection of Privacy Act (“FIPPA”) as a result of having inadvertently posted personal information pertaining to employees working out of the Toronto South Detention Centre (TDSC) on the “P”(public) drive of the institution’s computer network. The Union seeks monetary damages for each of the individuals in respect of whom information was posted. [2] At paragraph 15 of the Union’s Statement of Fact it is indicated that three individuals were removed from the group grievance. At paragraph 10 of the Employer’s Statement of Fact it is indicated that five individuals were removed from the group grievance. I leave it to the parties to resolve this discrepancy. [3] This matter is being dealt with pursuant to Article 22.16.2 of the Collective Agreement and, pursuant to Article 22.16.7, this decision is without precedential value. Further, it is impossible to describe the nature of the information posted and the names of any of the grievors without risking further distribution of the information in question. Accordingly, this decision is deliberately brief in nature. [4] There is no dispute the information in question was inadvertently posted on the P drive for a relatively short period of time. The facts of this matter are closest to the facts in issue in Ontario Public Service Employees Union (Myciak et al) v. the Crown in Right of Ontario (Ministry of Community and Safety and Correction Services) GSB # 2010-2318, involving an inadvertent breach by the Employer and scant evidence of harm. In Myciak, the Grievance Settlement Board ordered the payment of $3000.00 to the Union for distribution to 53 grievors. [5] In this case, there was some variation in the information posted as it relates to the individual grievors. I do not fully accept the basis on which either party has proposed the grievors be grouped for the purposes of damage allocation and therefore direct that all grievors receive an equal amount of damages. [6] The information in issue was posted for a shorter period of time and in respect of a fewer number of grievors than was the case in Myciak. I order the Employer to pay the sum of $2000.00 directly to the Union for distribution to the grievors who form the group covered by this grievance. Dated at Toronto, Ontario this 16th day of April, 2018. “Diane Gee” ___________________ Diane Gee, Arbitrator