HomeMy WebLinkAbout2015-3339.Foley et al.18-10-23 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# 2015-3339; 2015-3340; 2016-2476; 2016-2477
UNION# 2015-0234-0203; 2015-0234-0204; 2017-0234-0011; 2017-0234-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Foley et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
David R. Williamson
Arbitrator
FOR THE UNION
Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Shiran Brener
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING October 11, 2018
-2-
DECISION
[1] A hearing was held on October 11, 2018, in relation to two grievances of Elaine
Foley and the two grievances filed by Kim Fisher.
[2] Having heard the submissions of the parties in regards to the issue of disclosure
the following Order is hereby made.
[3] The Employer is hereby ordered to disclose and produce to the Union by no later
than January 31, 2019, any and all arguably relevant documents related to the filing of
the four grievances 2015-0234-0203, 2015-0234-0204, 2017-0234-0011, 2017-0234-
0012, and which carry the GSB case numbers of 2015-3339, 2015-3340, 2016-2476,
2016-2477.
[4] For greater clarity these arguably relevant documents are to include occurrence
reports, inmate statements, investigation notes, and WDHP reports to the Union. Also,
these arguably relevant documents are to include documents related to Mr. Mark
Cameron’s medical condition, treatment, or history for the time period from July 1, 2015
to January 31, 2017.
[5] All of the foregoing documents related to Mr. Mark Cameron’s medical condition,
treatment, or history, are to be produced with the following limitations and restrictions:
(a) That no photocopies will be made.
(b) That OPSEU legal counsel will maintain the documents under strict control at
all times and will return the documents to Employer counsel at the end of
the proceedings.
(c) That the Grievors will be allowed to review these documents only in the
presence of their legal counsel.
(d) That the Grievors undertake to not discuss or disclose any matter contained in
or pertaining to the documents with anyone outside of legal counsel.
-3-
[6] All of the other foregoing arguably relevant documents, including occurrence
reports, inmate statements, investigation notes, and WDHP reports to the Union, are to
be produced with the limitation and restriction that the Grievors undertake to not discuss
or disclose any matter contained in, or pertaining to, the documents with anyone outside
these proceedings.
Dated at Toronto, Ontario this 23rd day of October, 2018.
“David R. Williamson”
______________________
David R. Williamson, Arbitrator