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HomeMy WebLinkAbout2011-3658.Esser et al.12-07-05 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#2011-3658, 2011-3659, 2011-3660, 2011-3661 UNION#2012-0128-0002, 2012-0128-0003, 2012-0128-0004, 2012-0128-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Esser et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE M.V. Watters Vice-Chair FOR THE UNION Christopher Bryden Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE EMPLOYER Jennifer Richards Ministry of Government Services Labour Practice Group Counsel HEARING June 28, 2012. - 2 - Decision [1] Following submissions from the parties with respect to the Union’s request for particulars and production of documents, and the Employer’s request that conditions be imposed on the provision of same, I ordered as follows: (i) The Employer provide particulars in respect of the discipline imposed on all grievors, including those grievors whose cases have been consolidated in this proceeding; any post-termination incidents and evidence on which the Employer may rely; the discipline imposed on Derek Wilkins; and the exchange of information between the Sarnia and London Police Forces and the Employer relating to the grievance of Derek Wilkins; (ii) The Employer produce all documents on which it intends to rely, including the CISU Report and all documents contained in the Exhibit Register; all documents relating to the second investigation and the CISU Report in respect of Derek Wilkins; documents relating to any post-termination incidents and evidence on which the Employer may rely in respect of the grievance of Derek Wilkins; and any video, audio or written statement received from the Sarnia Police Force related to the second investigation concerning Derek Wilkins; (iii) The particulars and production ordered above be provided to the Union by Friday, September 7, 2012; and (iv) The provision of particulars and production of documents is subject to the following conditions: any material disclosed is only to be used for the purposes of this litigation, and for no other purpose; any information disclosed is not to be provided or disseminated to anyone else except upon the further order of this Vice-Chair; at the conclusion of this litigation, all documents and other material disclosed will be returned by the grievors and will be retained only by counsel for the Union; and the particulars and documents produced can be shared with the second lawyer to be retained by the Union to represent those grievors who are in a conflict of interest position. Such lawyer is also subject to the above-described conditions. [2] I note that the Employer consented to the substance of this order in respect of the particulars and production requested. The Union consented to the - 3 - conditions attached thereto without prejudice to any position it may wish to take in future proceedings. [3] Any additional issues relating to the provision of particulars or the production of documents can be addressed by the parties through a conference call with this Vice-Chair or on a scheduled hearing date. Dated at Toronto this 5th day of July 2012. M.V. Watters, Vice-Chair