HomeMy WebLinkAbout2016-2529 et al.Fletcher.18-07-06 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# 2016-2529; 2016-2853
UNION# 2016-0727-0010; 2017-0727-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fletcher) Union
- and -
The Crown in Right of Ontario
(Ministry of Natural Resources and Forestry) Employer
BEFORE
Ken Petryshen
Arbitrator
FOR THE UNION
Alex Zamfir
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Andrew Lynes
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 5, 2018
-2-
DECISION
[1] I have two grievances before me filed by Mr. R. Fletcher. At the hearing on July
5, 2018, the parties addressed a number of preliminary matters, including the Union’s
request for the production of certain documents. The documents requested by the
Union are arguably relevant to the issues in this proceeding and the Employer has
agreed to produce them by no later than August 17, 2018. Counsel requested that I
provide a direction that incorporates their understanding of the documents to be
produced and the conditions which govern their production. Accordingly, I hereby direct
the Employer to produce the following documents to Union counsel by no later than
August 17, 2018:
1. An unredacted copy of the final report of the workplace assessment relating to
Mr. Fletcher conducted by James Docherty and Associates.
2. An unredacted copy of the terms of reference for the workplace assessment
relating to Mr. Fletcher conducted by James Docherty and Associates.
3. Unredacted copies of any witness statements, questions, notes, or other
documents relied on for the workplace assessment relating to Mr. Fletcher
conducted by James Docherty and Associates.
4. Any other documents on which the Employer intends to rely.
[2] The following conditions will apply to this direction. The Parties will take all
necessary steps to protect the confidentiality of the information that comes into their
possession from James Docherty and Associates by way of production in this
proceeding. No copies of the documentary material may be made except for the
purposes of this proceeding and the documentary material may only be used for
purposes of this proceeding. Any copies of the documentary material shall be returned
to counsel for the Employer or destroyed at the conclusion of this proceeding except for
copies retained by Union and Employer counsel for their respective files and
confidentiality shall be maintained after the conclusion of these proceedings, save for
the enforcement of this direction. This direction is being issued without prejudice to any
-3-
position either party may take in this or any other matter, save for the enforcement of
this direction.
Dated at Toronto, Ontario this 6th day of July, 2018.
“Ken Petryshen”
______________________
Ken Petryshen, Arbitrator