HomeMy WebLinkAbout2007-1518.Walker.07-11-22 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2007-1518
UNION# 2007-0618-0048
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
TELEPHONE
CONFERENCE
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Walker)
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Bram Herlich
Ed Holmes
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Brian Loewen
Senior Counsel
Ministry of Government Services
November 21,2007.
Union
Employer
Vice-Chair
2
Decision
At the conclusion of the hearing held by teleconference in this matter, I directed the
employer to provide the production of the materials sought by the union.
The union is challenging the grievor's termination which was effected as a result of his
alleged improper physical contact with a resident of the Cecil Facer Youth Centre.
The union sought production of certain materials, including video recordings which relate
to the allegations.
The employer did not dispute the relevance of the materials sought or, subject to other
legal considerations, the presumptive right of the union to their production in a labour relations
context. There are, however, privacy concerns insofar as the materials will disclose the identity
of and may contain other information personal to the resident.
Consequently, while the employer did not necessarily oppose the order being issued, it
declined to provide the materials being sought in the absence of an order of this Board.
Having regard to the submissions of the parties, I directed that the employer forthwith
produce the materials in question to the union. That direction is hereby confirmed.
Dated at Toronto this 22nd day of November 2007.
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