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This investigation was initiated as a result of a complaint concerning the Ontario Labour Relations Board (the Board).
The complaint was filed by an employer (the Employer) on behalf of its employees.
The Employer was engaged in a dispute with a union (the Union) before the Board. The Union was seeking to unionize the Employer's employees, and, to this end, had commenced certification proceedings before the Board. During the course of these proceedings, the Employer was required to submit four lists of its employees to the Board. In a letter to the Board, the Union asked the Board for a copy of these lists. In a written decision, the Board complied with the Union's request, ordering the labour relations officer involved in the case to disclose the lists to the Union.
The Employer has submitted that the Board's disclosure of the lists, which contained the employees' personal information, was contrary to the Freedom of Information and Protection of Privacy Act (the Act).
Issues Arising from the Investigation
The following issues were identified as arising from the investigation:
(A) Was the information in question "personal information", as defined in section 2(1) of the Act?
(B) Was the disclosure of the personal information by the Board in accordance with section 42 of the Act?
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