HomeMy WebLinkAbout2017-0809.Connell.18-12-03 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#2017-0809
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Connell)
Association
- and –
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Ian Anderson Arbitrator
FOR THE
ASSOCIATION
Marisa Pollock
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Paul Meier
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING October 23, 2018
- 2 -
Decision
[1] The grievances before me raise a number of issues. One relates to a request by
the Employer that the Grievor have her doctor complete an Employee Health
Information Form. The Employer made this request while the Grievor was in
receipt of benefits under the Short Term Sickness Plan established by Article 37
of the collective agreement and after the Grievor had provided medical
certificates. The Association takes the position Article 37 constitutes a complete
code with respect to the medical information the Employer can request with
respect to STSP benefits. In any event, the Association takes the position the
reasons the Employer requested additional medical information lie within its
knowledge and accordingly the Employer should proceed first with its evidence.
The Employer disagrees. The parties agreed to address this dispute as a
preliminary issue. They have requested a bottom line decision with reasons to
follow.
[2] My decision is as follows:
(i) Article 37 does not constitute a complete code with respect to the medical
information the Employer can request with respect to STSP benefits.
(ii) The Employer is to proceed first with its evidence.
Dated at Toronto, Ontario this 3rd day of December 2018.
“Ian Anderson”
Ian Anderson, Arbitrator