HomeMy WebLinkAbout2010-0054.Salmon.13-10-29 Decision 1
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2010-0054, 2010-0056
UNION# 2010-0378-0014; 2010-0378-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Salmon) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Richard Blair
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jodi Gallagher Healy
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING October 29, 2013
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Interim Decision
[1] Mr. Albert Salmon, the grievor in this case, is claiming that he has been
discriminated against by his employer. To facilitate the adjudication of this matter it
is necessary that medical information pertaining to the grievor’s medical history be
disclosed.
[2] Accordingly, I hereby direct the parties to exchange any medical documentation in
their possession pertaining to the grievor’s Workplace Safety and Insurance Board
files, including but not limited to health information and medical documentation, in
claim numbers #25273347, #25150004, #18754198, in the arbitration before the
Grievance Settlement Board (GSB# 2010-0054) and any other matters should they
be consolidated with GSB#2010-0054.
[3] I also hereby direct Dr. Thomas S. Ying, Dr. Winston L. Heslop and Dr. Phebe-Jane
Poole to provide copies of their complete medical records/files relating to the
grievor for the period January, 2008 to the date of this award to counsel for the
union as soon as possible. Upon receipt of these records counsel for the union shall
review them and provide copies, as appropriate, as expeditiously as possible to
counsel for the employer.
[4] The information in these documents and medical records will be used solely for the
purpose of these arbitrations and will not be used for any other purpose in any other
forum, and on the understanding that any documents in these files will be disclosed
only as necessary in the litigation and only to such persons as are necessary for the
conduct of the litigation.
[5] At the conclusion of the litigation (including matters arising directly out of
GSB#2010-0054 and any related matters), these documents will only be retained by
persons other than the grievor as required by law and any retained copies will be
further disclosed only as necessary arising directly from the matters before the
Grievance Settlement Board in the above noted GSB file(s), and disclosed only to
such persons as are strictly necessary.
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Dated at Toronto, this 29th day of October, 2013.
Janice Johnston, Vice-Chair