MO-1592-R

This order sets out my decision on the reconsideration of Order MO-1344 issued October 4, 2000.

The appellant, a bargaining agent, submitted a request to the York Region District School Board (the Board) under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to "the minutes or records of the meeting of the Trustees at which they voted to 'lock out' the members of the Elementary Teachers Federation of Ontario York Region". The appellant also wanted to receive "the individual record of how each Trustee voted."

The Board identified one responsive record, denied access to it pursuant to section 6(1)(b) of the Act (in camera meeting) in conjunction with section 207(2) of the Education Act. The appellant appealed this decision, and during the mediation stage of the appeal process section 52(3) of the Act was raised. This section removes certain employment and labour relations records from the scope of the Act.

In Order MO-1344, I found that section 52(3) did not apply to the record. I then addressed the issue of the possible application of section 6 to the record, and ultimately ordered the Board to disclose certain portions of the record.

The Board later applied to the Divisional Court for judicial review of the order.

• MFIPPA
• 52(3)2