HomeMy WebLinkAbout2016-2532.Pozderka.20-07-14 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# 2016-2532; 2017-2157; 2017-2354; 2018-1449;
2018-1450; 2018-1638; 2018-3732
UNION# 2016-0536-0003; 2017-0536-0004; 2017-0536-0005; 2018-0536-0002;
2018-0536-0003; 2018-0536-0004; 2019-0536-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pozderka) Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation) Employer
BEFORE
Deborah J.D. Leighton
Arbitrator
FOR THE UNION
Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Andrew Lynes
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 10, 2020
-2-
INTERIM DECISION
[1] Whereas the parties have agreed to proceed by Zoom given COVID-19. And the
Employer will continue by leading evidence on the discipline grievances.
[2] And whereas the Union has advised that in order to proceed it needs to share
arguably relevant documents with the Grievor for the purpose of preparing its
case.
[3] And whereas the Employer has raised concerns about maintaining confidentiality
of the materials relevant to this proceeding.
[4] I hereby confirm the order made orally at the hearing on July 10, 2020 as follows:
a. the Union is permitted to share arguably relevant documents with the
Grievor in order to prepare for cross-examination of the Employer’s
witnesses on the following conditions;
b. 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;
c. 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;
d. confidentiality of all documents shall be maintained after the conclusion of
these proceedings, save for the enforcement of this direction.
[5] It is hereby further ordered that in the event of a breach of this order the Board will
hear submissions on the appropriate remedy, up to and including the potential for
the dismissal of all the grievances currently before the Board.
Dated at Toronto, Ontario this 14th day of July, 2020.
“Deborah J.D. Leighton”
______________________
Deborah J.D. Leighton, Arbitrator