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HomeMy WebLinkAbout2004-3890.Mustari et al.08-04-07 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2004-3890 UNION# 2005-0517-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Mustari et al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Janice Johnston FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE EMPLOYER Felix Lau Counsel Ministry of Government and Consumer Services HEARING April 3, 2008. 2 Decision The grievors in this case are claiming that the Ministry has violated the Human Rights Code and the collective agreement in the manner in which it dealt with and responded to a lawsuit initiated by an inmate, Marc Mugenzi. The grievors allege that the Ministry inappropriately disclosed their names and addresses to the inmate. In addition, they assert that the Ministry failed to provide them with legal representation in a claim arising out of the workplace when they were performing their duties, in accordance with the collective agreement and the policy pertaining to the reimbursement of legal expenses. By decision dated October 29, 2007 I directed the Ministry to produce various documents to the union. Included in this order were documents in the possession of the law firm Blaney McMurtry. Blaney McMurtry are refusing to provide these documents to the Ministry and are asserting that they are privileged. Counsel for the Ministry is hereby directed to attend at the offices of Blaney McMurtry and in the presence of the appropriate individual review the documents for which privilege is claimed. If privilege is claimed for documents that are arguably relevant to the proceedings before me and Ministry counsel is not absolutely certain that the document would be found by me to be privileged, he is to prepare a list of all such documents and obtain a copy of them. However, if Ministry counsel is satisfied that a document is in fact privileged, for example, correspondence between the firm and its client, then he need not list these documents. 3 As this case will be proceeding on May 14, 2008 counsel for the Ministry is to provide the above noted list of documents to counsel for the union on or before May 12, 2008. th Dated in Toronto this 7 day of April, 2008 Janice Johnston, Vice-Chair