Investigative documents not privileged material

In a harassment grievance, the union wanted to see the report the employer had compiled to justify its discipline. The employer refused, claiming solicitor-client provilege because the investigator was a lawyer. The arbitrator found the report was not legal advice and did not benefit from the privilege.

Pursuant to a grievance alleging a worker was unjustly disciplined in retaliation for union activity, the union made a preliminary bid for access to investigative documents.

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