HomeMy WebLinkAbout2022-12216.Gold.23-07.05 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# 2022-12216
UNION# 2023-0310-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gold) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills
Development) Employer
BEFORE Christopher Albertyn Arbitrator
FOR THE UNION Adam Veenendaal
Morrison Watts
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
-2 -
Decision
[1] Having consulted with the parties, on their consent, I hereby direct that the
Investigation Report, the appendices, and all non-privileged materials that were
before the investigator in preparing the Investigation Report shall be produced by
the Employer to the Union.
[2] The production of the materials set out in paragraph 1 above is subject to the
following conditions:
a. Counsel for the Employer will send the documents to counsel for the
Union in electronic format.
b. Counsel for the Union will be permitted to make a physical copy of all
documents for their use (and an additional copy as necessary for use by
any Union co-counsel). Electronic documents will not be forwarded, save
and except as per 2(c). At the conclusion of the hearing, any copies of the
documents created by counsel for the Union will be destroyed, except for
a copy of the documents that counsel for the Union will retain in their files.
c. Counsel for the Union will be permitted to forward the documents in
electronic format to the grievor and to one designated Union advisor,
should there be one, on the condition that the grievor and the designated
Union advisor:
i. will not show the documents to anyone for any purpose other than
preparation for arbitration;
ii. will not discuss the contents of the documents with anyone for any
purpose other than preparation for arbitration;
iii. will not forward or make any physical or electronic copies of such
documents; and
iv. will delete the electronic copy of the documents forwarded to them
by counsel for the Union at the conclusion of the hearing.
[3] In order to ensure maximum confidentiality regarding the documents to be
produced as a result of the orders set out in paragraphs 1 and 2 and directions
set out above, I direct the parties, their officers, agents, employees, and counsel
to abide by the following order with respect to the use of documents produced at
any time in this proceeding, whether or not they are entered into evidence at the
hearing:
a) All documents are to be kept confidential as among the parties;
b) No copies are to be made of any document except (as set out
above) for the purpose of the arbitration;
-3 -
c) The documents are to be used for the purposes of this arbitration
only and for no other or improper purpose;
d) All copies of all documents are to be destroyed at the conclusion of
this grievance and any judicial review proceedings arising out of this
grievance, save for one copy to be retained by each counsel in their file.
[4] The Employer will satisfy its obligations under this production order and will
respond to the Union’s request for additional production by August 31, 2023.
[5] The Parties will confer with a view to resolving any disputes respecting
production, but if they cannot do so, they will schedule a meeting with arbitrator
to resolve any outstanding dispute(s).
[6] The Parties will jointly prepare a chart of “incidents” upon which the Employer’s
decision to terminate the Grievor was based, to include: 4 columns – (1) date; (2)
Employer’s allegation; (3) amount of time/money in issue; (4) Grievor’s response.
This is to be completed by January 31, 2024.
[7] The Parties will schedule at least three hearing days with Registrar, the first of
which will be after January 31, 2024, and will be used for further mediation and/or
case management.
Dated at Toronto, Ontario this 5th day of July, 2023.
“Christopher Albertyn”
Christopher Albertyn, Arbitrator