In an ongoing labour dispute between the Labourers’ International Union of North America, Local 837, and Hydro One, the Ontario Labour Relations Board (OLRB) is deliberating over a confidentiality order that would shield sensitive documents from public disclosure. The union is representing workers involved in a sexual harassment complaint and has requested that certain information be sealed from the public, citing privacy concerns.
The case stems from a grievance filed under section 133 of the Labour Relations Act. Both parties participated in a Case Management Hearing (CMH) to discuss the progress of the case and outstanding issues, including production requests and the confidentiality order.
During the CMH, both parties agreed that they would continue to exchange documents and other materials relevant to the case by Sept. 21, 2024. However, the more contentious matter focused on how sensitive information related to the grievors and the sexual harassment investigation should be handled.
Request for confidentiality order
Counsel for the union submitted a request to the Board for a confidentiality order that would prevent the disclosure of documents containing sensitive personal information.
According to the union’s written submission, the order seeks to anonymize the names of the grievors and other individuals involved in the employer’s investigation, in compliance with the Tribunal Adjudicative Records Act, 2019 (TARA).
The union’s letter to the Board states: “We write on behalf of the parties to jointly request a confidentiality order in accordance with section 2(2) of the Tribunal Adjudicative Records Act (‘TARA’) and the anonymization of the names of the Grievors and other individuals who are identified in the documents in relation to the Employer’s investigation and other documents related to the sexual harassment complaint.”
Both parties appear to be aligned on the need for confidentiality. However, the Board raised concerns over the scope of the proposed order, particularly in relation to public disclosure requests made under TARA.
Board’s response and clarification needed
Vice-Chair McGilvery noted that while the Board is inclined to issue a confidentiality order limiting disclosure between the parties, the proposed language does not fully address the issue of public disclosure. Specifically, the order submitted by the union covers “all documents” rather than identifying particular adjudicative records that should be sealed from the public.
McGilvery highlighted that, to adequately protect privacy, the parties would need to clarify which specific documents contain sensitive information that should be exempt from public access.
In the ruling, McGilvery wrote: “While the Board is prepared to issue such an order as between the parties, it seems to me that this will not address the issue that the parties raised in the CMH and in the August 7, 2024 letter, namely that a certain document (or documents), which will become part of the adjudicative record in this proceeding, ought not to be ‘disclosed to the public’ if requested pursuant to a TARA request, i.e., that the document(s) ought to be ‘sealed’ from disclosure.”
The Board has directed the union to clarify its request and to provide a detailed description of the specific documents it seeks to seal from public access.
For more information, see Labourers’ International Union of North America, Local 837 v Hydro One Networks Inc., 2024 CanLII 82075 (ON LRB).
