HomeMy WebLinkAbout2005-2520.Lischynski.07-03-30 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec, : (416) 326-1396
Nj
~
Ontario
GSB# 2005-2520, 2005-2695, 2006-0296, 2006-2263
UNION# 2005-0107-0005,2005-0107-0006, 2006-0107-0001, 2006-0107-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
CONFERENCE CALL
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Lischynski)
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Michael V. Watters
Ed Holmes
Counsel
Ryder Wright Blair & Holmes LLP
Janice Campbell
Counsel
Ministry of Government Services
March 27,2007.
Union
Employer
Vice-Chair
2
Decision
A Conference Call was held between the parties and this Vice-Chair on March 27,2007.
The issue addressed therein was the extent of medical information to be provided by the
grievor's personal doctor to two (2) other doctors for purposes of independent medical
examinati ons.
The position of the Union was that any medical information supplied should postdate the
grievor's promotion to a classified position in 2001. In response, the position of the Employer
was that the provision of medical information should commence with the grievor's assumption
of an unclassified position in 1998. Counsel for the parties made submissions in support of their
respective positions.
After considering the submissions, I ordered that medical information to be provided to
the doctors conducting the independent medical examinations should commence with the
grievor's assumption of an unclassified position in 1998.
It was agreed between the parties that the reports generated by the independent medical
examinations would, initially, only be disseminated to counsel for the Union, counsel for the
Employer, Mr. Greg Lee, Staff Relations, and the local Human Resources representative
responsible for the grievor's file. It was further agreed that another Conference Call would be
scheduled in an expeditious fashion if any additional issues arise in respect of the circulation or
distribution of confidential medical information resulting from the independent medical
examination process.
Dated at Toronto, Ontario this 30th day of March 2007.
M. V. Watters, Vice-Chair