HomeMy WebLinkAbout2019-2867.Group.21-11-01 DecisionCrown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2019-2867
UNION# 2020-0727-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Group) Union
- and -
The Crown in Right of Ontario
(Ministry of Northern Development, Mines, Natural Resources and
Forestry) Employer
BEFORE
Diane L. Gee
Arbitrator
FOR THE UNION
Ashley Low
Morrison Watts
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Counsel
HEARING October 28, 2021
-2-
DECISION
[1] This matter is a group grievance filed on February 24, 2020. Since the filing of
the grievance two individuals withdrew from the grievance; two grievors remain.
The grievance alleges insufficient information was provided to the grievors
following the review of an incident that occurred in June 2018.
[2] This matter was referred to mediation/arbitration in accordance with Article
22.16 of the collective agreement. Article 22.16 provides, in part, as follows:
22.16 MEDIATION/ARBITRATION PROCEDURE
22.16.1 Except for grievances concerning dismissal, sexual
harassment, and/or human rights, and Union grievances with
corporate policy implications, all grievances shall proceed through the
GSB to a single mediator/ arbitrator for the purpose of resolving the
grievance in an expeditious and informal manner.
22.16.2 The mediator/arbitrator shall endeavour to assist the parties to
settle the grievance by mediation. If the parties are unable to settle the
grievance by mediation, the mediator/arbitrator shall determine the
grievance by arbitration. When determining the grievance by
arbitration, the mediator/arbitrator may limit the nature and extent of
the evidence and may impose such conditions as he or she considers
appropriate. The mediator/arbitrator shall give a succinct decision
within five (5) days after completing proceedings, unless the parties
agree otherwise.
[3] The parties attended at the Board by way of video conferencing on October 28,
2021 and engaged in mediation. Having regard to the agreements reached
during the mediation, the grievance is fully and finally resolved by way of the
following directions.
[4] The Employer is hereby directed to provide a copy of the redacted document that
was the subject of the discussions during the mediation (the “Document”) to
Union counsel. The following directions shall immediately apply:
i. Union counsel is directed to retain the Document in her possession
and is not to provide a copy of the Document to anyone, in any
form, electronic or otherwise, absent express written consent of the
Employer.
ii. Union Counsel is permitted to share the Document with the two
remaining grievors (the “grievors”) and one Union representative of
their choosing during a Zoom meeting by way of sharing her
screen. No recording of the Zoom meeting is to be made and no
screen shots or photographs of the screen are to be taken at any
time during the Zoom meeting.
-3-
iii. The grievors and their chosen Union representative are not to
inform anyone that they have been shown a copy of the Document.
The grievors and their chosen Union representative are not to
discuss, mention, or refer to the Document with anyone else
including family members, except Union counsel, nor are they to
discuss, mention, or refer to the Document between themselves in
the presence of others.
iv. The Document is provided for the purposes of this litigation and for
no other purpose.
v. The Document is to be destroyed after it is reviewed by Union
counsel with the grievors except to the extent Union counsel may
be required to maintain a copy in her file pursuant to her
professional obligations.
vi. If asked, the grievors can say only that the matter has been
resolved to everyone’s satisfaction.
[5] I remain seized to deal with any issues arising out of the redactions made to the
Document or any issues arising out of this decision.
Dated at Toronto, Ontario this 1st day of November 2021.
____“Diane Gee”____
Diane Gee, Arbitrator