HomeMy WebLinkAbout2016-2440.Grievor.18-12-06 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# 2016-2440; 2016-2442; 2016-2443; 2016-2850; 2017-1794; 2017-3718
UNION# 2017-0368-0001; 2017-0368-0003; 2017-0368-0004; 2017-0368-0020; 2017-0368-
0385; 2018-0368-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Regina Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 29, 2018
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DECISION
[1] On the agreement of the parties, and without prejudice to the position of the
Employer with respect to any future decision in this or any other matter, the name
of the Grievor is omitted from this decision and its style of cause.
[2] On the agreement of the parties, the Union is ordered to produce to counsel for
the Employer a copy of all portions of the Grievor’s medical records for the period
April 2016 to April 2018 which are arguably relevant to the grievances. The
Employer reserves the right to ask for additional medical records should
additional medical records become arguably relevant to the grievances.
[3] On the agreement of the parties, all medical records produced by the Union are
subject to the following confidentiality order:
(a) The parties to the arbitration are directed:
i) to comply with the following directions;
ii) to direct their agents, officers, employees and counsel comply with
the following directions; and
iii) to obtain the agreement of any third party to whom they might
properly give any of the documents that such third party shall
comply with the following directions.
(b) With respect to the use of the medical records produced by the Grievor, all
parties are directed to follow these requirements:
i) all medical records are to be kept confidential as among the parties;
ii) counsel for each party may disclose the medical records or their
contents to one instructing client, and shall not disclose the medical
records or their contents to any other agents, officers, or employees
of their client except to the extent strictly necessary for the
purposes of the arbitration proceedings;
iii) no copies are to be made of any medical record except for the
purpose of the arbitration of this grievance;
iv) no copies are to be circulated to third parties, except as necessary
for the conduct of the arbitration of this grievance, and once that
purpose has been completed the copies are to be retrieved from
the third parties;
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v) the medical records are to be used for the purposes of this
arbitration only and for no other purpose;
vi) all copies of all medical records are to be destroyed or returned to
the provider of the documents at the conclusion of this arbitration
and any judicial review proceedings arising out of the arbitration,
save for one copy to be retained by each counsel in their file.
(c) For greater clarity, (a) and (b) do not prohibit the use, for any purpose, of
evidence that is given or referred to during a hearing at the Board or information
obtained from such evidence.
Dated at Toronto, Ontario this 6th day of December, 2018.
“Ian Anderson”
______________________
Ian Anderson, Arbitrator