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HomeMy WebLinkAbout2015-1330.Dubuc.18-08-21 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 Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel HEARING August 7, 2018 2 Decision [1] The parties have encountered a number of difficulties regarding the pre-hearing production of documents. Many, but not all, of these issues have been resolved by way of agreements between the parties or, where necessary, by order of the Board. Some remain outstanding. A number of these were addressed at the recent hearing before me. The parties have enumerated a taxonomy of many of the production requests. I need not reproduce it here. I will, however, refer, in some cases, to these issues by the numbers which correspond to the listing in that taxonomy. [2] Having considered the submissions of the parties, I made the following orders orally, which are hereby confirmed: 1. As general matter, the union and the grievor are hereby directed to produce to the employer copies of all documents upon which the union intends to rely in these proceedings. 2. The union seeks production of a document it describes as a “Mutual Aid Report” which may have been produced by the Hawkesbury Fire Department relating to the fire at Place Mont Roc. The employer is hereby directed to make inquiries as to whether such a document exists and, if so, whether it is in the employer’s possession. I will defer ruling on the union’s request until such time as that inquiry has been completed. 3. The documents pertaining to item #71 relate to a claim the union may advance, asserting that the employer’s conduct in this matter amounted to defamation of the grievor. The union is hereby directed to file full particulars of any defamation claim. Once that is done, I will, if necessary, re-visit the union’s production request. 4. With respect to item #74, the employer is hereby directed to ascertain whether the documents in question are in its possession and, if so, is directed to produce them to the union. 3 5. With respect to items #81-83, the employer asserts it has effected the requested production. The union will review this and, in the event it is seeking further production, is hereby directed to provide further particulars pertaining to the request. 6. With respect to items #84-103 and 105 and 106, I will defer any ruling so as to permit the union to determine whether the documents in question are in the grievor’s possession. 7. With respect to item #104 the employer is hereby directed to make inquiries and report regarding the existence of the materials the union seeks to have produced (these relate, broadly, to 2012 employer training materials). [3] Hearing in this matter is scheduled to continue on September 5, 2018. Dated at Toronto, Ontario this 21st day of August, 2018. “Bram Herlich” Bram Herlich, Arbitrator