Grievance Settlement Board Decision on Document Production in Ontario Public Service Employees Union Case

Strategic Insights -

The Grievance Settlement Board has issued a decision regarding document production in an arbitration case between the Ontario Public Service Employees Union (OPSEU) and the Crown in Right of Ontario (Ministry of the Attorney General). The case, involving a grievance filed by union member Bahadur, centers on the production of certain documents by the employer. After a conference call on May 15, 2024, the arbitrator issued a decision on document production, outlining specific conditions for the disclosure of the disputed documents.

Key Takeaways:

  • The Grievance Settlement Board ordered the Employer to produce documents to the Union, with the exception of specific documents that will be redacted.
  • The Union was directed not to provide copies of the disputed documents to the Grievor, but may show the documents to the Grievor for preparation and arbitration hearing purposes.
  • The Grievor is not permitted to retain or make a copy of any of the disputed documents shown to her.
  • The documents produced may only be used for the purposes of the arbitration hearing in this matter and not for any other purpose.
  • The Employer may redact certain information from the documents listed below, without prejudice to the Union's right to request that some or all of the information be unredacted.
  • Specific documents and redactions include:

+ A March 31, 2022 email from Andrew Pilla, Crown Attorney, where the names referenced in the email may remain redacted.

+ A March 31, 2022 email from Andrew Pilla, Crown Attorney, where the text of the email may remain redacted.

+ An April 1, 2022 email from "redacted" at Thunder Bay Police to Sona Advani, where the name of the sender of the email may remain redacted.

  • The arbitrator respects the Union's right to request unredaction of the information in the course of the proceedings if it becomes apparent that it is arguably relevant.

Statistics:

  • Date of the conference call: March 25, 2024
  • Date of the Employer's letter to the Union: April 15, 2024
  • Date of the conference call to hear the parties' submissions: May 15, 2024
  • Date of the arbitrator's decision: June 7, 2024
  • Number of disputed documents: (itemized list not provided)
  • Number of specific documents to be redacted: 3
  • Number of redactions of names, text, or sender's name: 4 (list not provided)

Sources:

  • [IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bahadur) Union - and - The Crown in Right of Ontario (Ministry of the Attorney General) Employer]
  • [Decision issued by the Grievance Settlement Board on June 7, 2024]