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HomeMy WebLinkAbout2015-0353.Turpin.15-12-02 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#2015-0353 UNION#2015-0678-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Turpin) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Nini Jones Paliare Roland Rosenberg Rothstein LLP Counsel FOR THE EMPLOYER Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel HEARING September 28, 2015 - 2 - Decision [1] I direct the Employer to provide the following documents to Union counsel on or before October 31, 2015: • Any medical documentation/health care records under its care and control, (including but not limited to treatment plans, progress notes, orders, and MAR) regarding inmate “JH” in respect of the incident of August 21, 2014; • in respect of the incidents of August 26th, 2014, any medical documentation/ health care records: (including but not limited to treatment plans, progress notes, orders, and MAR) regarding the following inmates: Greg L Ron F Jordon M Tyler A William E Laurie H Hazel G [2] The production of documents by the Employer in this proceeding is subject to the following conditions: • The confidentiality of these documents shall be maintained; • Neither the documents nor their contents shall be disseminated or discussed with anyone outside of this arbitration process; • The documents shall not be put to any use outside of this arbitration process; • Subject to what is set out below, the documents shall not be copied, but for copies that are required for the Vice Chair, counsel, the employer’s advisors, or a witness during the hearing; • Union counsel may provide a copy to the grievor for the purposes of this case, however, the conditions of production apply to him and at the end of this case he must return his copy to Union counsel, who will return that copy to the Employer or destroy that copy and confirm that it has been destroyed; [3] The only copies to remain at the conclusion of arbitration are the copies in the possession of the Board and one (1) copy which is to remain in the care and control of counsel for the Employer. [4] The production directions in this decision are without prejudice to any position that either party may take in respect of future production requests if and as they arise. Dated at Toronto, Ontario this 2nd day of December 2015. Felicity D. Briggs, Vice Chair