HomeMy WebLinkAbout2016-1338.Union.16-11-14 Decision
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#2016-1338
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Treasury Board Secretariat) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Robin Lostracco
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Roslyn Baichoo
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 8, 2016
- 2 -
Decision
[1] In accordance with the Terms of Reference signed by the parties in July 20,
1999, a hearing was held to litigate the denial of LTIP benefits for Ms. L.K.
[2] Prior to the commencement of the hearing the parties agreed to attempt
mediation. During that process it became apparent that there are medical
documents that have not yet been shared with Manulife or the Employer.
[3] The parties agreed that the medical documents in possession of the Union and
certain other medical information is to be provided to Manulife prior to our next
day of hearing.
[4] Accordingly, I order the Union to provide to Manulife - within a reasonable period
of time – the twenty-one faxed pages in its possession at our hearing date and
any other medical information not previously disclosed including clinical notes of
Dr. B and Dr. M. for the period up to February 2015.
[5] The Union is to keep the Board and the Employer informed as to when the
information has been sent to Manulife.
[6] The matter will be sent back to the Joint Insurance Benefits Review Committee.
[7] It is to be noted that the Employer reserved the right to argue about what weight,
if any, should be accorded to this new medical information.
[8] I remain seized.
Dated at Toronto, Ontario this 14th day of November 2016.
Felicity D. Briggs, Vice Chair