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HomeMy WebLinkAbout2003-0678.Toner et al.04-09-27 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB#2003-0678 2003-0912,2003-2934 2003-2935 2003-2936 2003-2937 2003-2938 UNION#2003-0204-0008 2003-0270-0004 2003-0204-0010 2003-0204-0011 2003-0204-0012, 2003-0270-0008 2003-0270-0009 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Toner et al ) Grievor - and - The Crown In RIght of Ontano (Mimstry of TransportatIOn) Employer BEFORE Owen V Gray Vice-Chair FOR THE UNION GavIn Leeb Bamster and SOlICItor FOR THE EMPLOYER Lucy McSweeney Counsel Management Board Secretanat HEARING September 2, 2004 2 Order [1] ThIs order confirms the outcome of requests for compelled productIOn entertamed at the hearmg of September 2, 2004 m these matters [2] The documents of whIch the umon requested productIOn from the employer were described m SIX numbered paragraphs of ItS counsel's letter to employer counsel of August 24, 2004 1 Mr Docherty's entIre mvestIgatIOn file mcludmg but not hmlted to all wItness statements and all correspondence wIth the Mimstry 2. All documentatIOn the posseSSIOn of the Equal OpportumtIes Program Office m relatIOn to complamts about the Wmona work sIte mcludmg but not hmlted to the "reVIew" that was conducted by the office as referenced m Mr Hougham's letter of November 10 2002 to Gerry Foreman. '3 CopIes of all e-maIl" and other documentatIOn from Mike North to Mr. Fulford, Mr Ah or other Mimstry employees that mvolves or relates to eIther aneVor both of the gnevors. 4. CopIes of all e-maIls and other documentatIon exchanged between Mr. Fulford, Mr Ah, Mr Hougham ancVor other MinIstry employees that relates to Mr North' behavIOur aneVor hIS treatment of one or both of the gnevors or other MinIStry employees mcluelmg themselves. 5. Mr. Fulford's accommoelatlon request and the accommodatIon plan that was subsequently approved. G. CopIes of all documentatIOn that relates to eIther or both of the gnevors' absences from work smce May 1, 200:3 mcluelmg but not lmnted to J,) the meehcal notes that were provIded to the Mimstry ~ whether the MinIStry consIdered senclmg the gnevors for an mdependent meehcal exammatIOn and nJ,) whether consIderatIOn was gIven to accommodatmg the gnevors m some manner so as facilitate theIr return to work. [3] WIth respect to paragraph 1 of the umon's request, the employer takes the posItIOn that Mr Docherty was engaged as a concIlIator on the basIs that hIS prIvate mtervlews of mdlvlduals mvolved would remam confidentIal from the employer, and that the employer does not have the legal power to reqUIre that Mr Docherty delIver to It copIes of hIS entIre file Havmg already provIded a copy of the report that Mr Docherty delIvered to It, the employer has agreed to provIde copIes of all correspondence between It and Mr Docherty concermng ItS engagement of hIm to mtervene m the subJect workplace, mcludmg documentatIOn reflectmg the terms of the engagement, as well as any notes made by members of management wIth respect to theIr oral commumcatIOns wIth Mr Docherty concermng thIS engagement or ItS outcome Counsel agreed that consIderatIOn of the request that the employer be 3 dIrected to produce Mr Docherty's file would be deferred untIl umon counsel has an opportumty to consIder the documentatIOn wIth respect to the nature to Mr Docherty's retamer [4] WIth respect to paragraph 2 of the umon's request, umon counsel clanfied that the request IS WIth respect to any complamts filed between February 2001 and May 2003 The employer has agreed to produce the report referenced m Mr Hougham's letter to Mr Foreman of November 10, 2002, as well as any complamt filed by eIther of these gnevors In so far as the umon seeks documentatIOn wIth respect to any "complamt" by anyone other than the gnevors, the request IS deferred untIl umon counsel has an opportumty to consIder whether the umon takes the posItIOn that any and all mformatIOn provIded by an employee to the Equal OpportumtIes Program Office IS mformatIOn that that office IS oblIged to provIde to management or IS mformatIOn to whIch management has access [5] WIth respect to paragraph 3 of the umon's request, umon counsel clanfied that the reference to "other Mmlstry employees" means other members of the Mmlstry's management, and that the tIme frame IS between February 2001 and May 1, 2003 I confirm my oral dIrectIOn that the employer shall produce to the umon copIes of all e maIls and other documents sent or provIded by MIke North to Mr Fulford, to Mr All or to any other member of the Mmlstry's management m the perIOd between February 2001 and May 1, 2003 that mvolves or relates to eIther or both of the gnevors [6] WIth respect to paragraph 4 of the umon's request, as clanfied by umon counsel, I confirm my oral dIrectIOn that the employer shall produce to the umon copIes of all e maIls and other documents exchanged between Mr Fulford, Mr All, Mr Hougham and/or other members of the Mmlstry's management m the penod February 2001 and May 1, 2003 that relate to Mr North's behavIOur and/or hIS treatment of one or both of the gnevors or hIS treatment of other Mmlstry employees at the Wmona sIte [7] Umon counsel wIthdrew the request m paragraph numbered 5 of the letter of August 24, 2004 [8] WIth respect to paragraph 6 of the umon's request, I note that employer counsel agreed to provIde copIes of medIcal notes submItted by the gnevors m the perIOd smce 4 May 1, 2003 I confirm my oral dIrectIOn that the employer shall produce any documents reflectmg Mmlstry consIderatIOn of whether to send the gnevors for an mdependent medIcal exammatIOn or of accommodatmg the gnevors m some manner so as facIlItate theIr return to work, other than documents for whIch solIcItor-clIent pnvIlege or settlement dIscuSSIOn pnvIlege IS claImed. [9] Counsel for the employer requested productIOn of the complete medIcal files of each doctor who has treated eIther gnevor smce February 2001, other than doctors who only treated condItIons that the umon does not claIm a) were caused or aggravated by alleged workplace harm or b) prevented the subJect gnevor from returmng to hIS pre May 1, 2003 work sItuatIOn. Umon counsel undertook to obtam a copy of each such file and reVIew It, and advIse employer counsel whether m hIS VIew there are personal matters that should be blacked out before copIes are produced to the employer, and agreed that If employer counsel belIeves that the mformatIOn that umon counsel proposes to black out IS relevant that Issue may be addressed m a further hearmg by teleconference or otherwIse [10] By way of clanficatIOn, where the word "document" IS used m thIS order, It encompasses mformatIOn recorded m any form, and mcluded any electromc record whether or not a paper verSIOn of that record eXIsts or ever eXIsted [11] I note that m addItIon to the dates prevIOusly scheduled - January 18 and 19, 2005 - at the hearmg of September 2, 2004 the partIes agreed on the followmg addItIon hearmg dates m 2005 Apn113, 14, May 18, 25, June 21,28 Dated at Toronto thIS 27th day of September, 2004 ~V