HomeMy WebLinkAbout2010-1825.Warling.13-10-30 DecisionCrown 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#2010-1825
UNION#2010-0517-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Warling) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Brian M. Keller Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Omar Shahab
Ministry of Government Services
Legal Services Branch
Counsel
CONFERENCE CALL October 16, 2013
- 2 -
Decision
[1] This matter has been the subject of a previous Board decision, written communication to
the parties, and four conference calls with counsel. This decision is to provide direction for how
this matter is to proceed.
[2] The Board is satisfied that it has the necessary authority and, therefore, can and will
address the various issues raised in the grievance, all of which fall under the general heading of
confidentiality with respect to how the ASMPP is interpreted and administered and how medical
records are sought, maintained and used both corporately and within the various institutions.
[3] This general heading of confidentiality includes, but is not limited to, how and by whom
employees are notified that they are on the program and its various steps: where meetings related
to the ASMPP should be held: where and how medical records of individual employees are kept,
maintained and stored: who has or should have access to those records: for what purpose may the
records be used and by whom: what information regarding accommodation may be requested,
and by whom: how and where information regarding accommodation is kept, maintained and
stored: who has or should have access to that information.
[4] In view of the above, the employer is not required to respond to the 31 questions as
requested of it in the most recent conference call. Another conference call will be scheduled with
counsel to determine how this matter will move forward from this point.
Dated at Toronto, Ontario this 30th day of October 2013.
Brian M. Keller, Vice-Chair