HomeMy WebLinkAbout2019-1460.Tedford.2023-01-27 Decision
Crown 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# 2019-1460
Union# 2021-0467-0031
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tedford) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 19, 2023
- 2 -
Decision
[1] This arbitration involves an individual and Union Policy grievance alleging that
the Employer violated the Collective Agreement, including but not limited to
Articles 1, 3, Cor 8 and Cor 7 by contracting outside agencies to perform
bargaining unit work of Correctional Officers to perform K-9 handler duties for a
planned search of the Algoma Treatment and Remand Centre on July 30, 2019.
[2] The parties met with me on January 19, 2023 and used the day for case
management issues. The Union produced a book of documents which included a
copy of the Correctional Services Division Canine Program and Procedures
Manual (the “Manual”) which contains a paragraph entitled “Third Party Rule”
limiting the use of the Manual for internal purposes due to its confidential nature.
Having heard submissions regarding the intended use of this Manual in this
proceeding, I am satisfied that it is relevant to the proceedings and may be
disclosed subject to the following conditions:
a. The Manual must be used solely for the purposes of these arbitration
proceedings.
b. The Manual may only be shared by Counsel to these proceedings with
any advisors, or witnesses who may be called to testify who shall be told
that the Manual must not be copied or shared, physically or electronically.
c. Upon the conclusion of these proceedings any copies, physical or
electronic, shall be destroyed or returned to Counsel, who in turn shall be
responsible for destroying or returning the Manual.
[3] This case is adjourned sine die. The Parties will contact the Board when they
determine what process they intend to use to deal with these grievances.
Dated at Toronto, Ontario this 27th day of January 2023.
"Dale Hewat”
Dale Hewat, Arbitrator