HomeMy WebLinkAbout2019-2137.Grievor.20-05-29 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# 2019-2137
UNION# 2019-0248-0031
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 the Solicitor General) Employer
BEFORE David R. Williamson Arbitrator
FOR THE UNION Mae J. Nam
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 27, 2020 (by teleconference call)
-2-
Decision
[1] Counsel for the Parties met with the Arbitrator on May 27, 2020 by way of a
telephone conference call to address matters pertaining to the handling of the Grievor’s
medical records and the matter of the Union’s request to have the Grievor’s anonymity
preserved in written Decisions. At issue is the discipline imposed on the Grievor that gave
rise to the filing of the grievance.
[2] This will record that in the course of this May 27, 2020 conference call the Parties
reached agreement that the identity of the Grievor is to not be disclosed in this document.
However, the Employer reserves its right to challenge such anonymization on any related
decisions at a later time.
[3] The Employer has made a request for disclosure of the Grievor’s medical records.
The Union seeks to have the production of those records limited to those items that are
arguably relevant, and to those that fall inside a specified recent time period. The Union
also seeks to have certain conditions placed on the handling of such records.
[4] Having heard the submissions of the parties in regards to the issue of disclosure
of the Grievor’s medical records the following Order is hereby made.
[5] The Union is hereby ordered to disclose and produce to the Employer ahead of
our next scheduled hearing date of June 10, 2020, and by no later than June 5, 2020, any
and all arguably relevant recent medical documents pertaining to the Grievor’s medical
condition. These arguably relevant medical documents are those that pertain to the
Grievor’s medical condition or medical treatment during the time period of twelve months
prior to the Grievor’s termination of employment on October 21, 2019. For greater clarity
these arguably relevant medical documents are those that pertain to the Grievor’s mental
condition, mental treatment, or diagnosis of mental health.
-3-
[6] Any and all of the foregoing relevant documents related to the Grievor’s medical
condition, treatment or diagnosis, are to be produced with the following limitations and
restrictions attached:
(a) The documents or material will only be released to Employer counsel for
this grievance proceeding, and to two advisors (one Employee Relations
Advisor and one instructing client).
(b) The documents or material produced must be maintained as confidential.
(c) The documents or material produced must not be disclosed to any person
or party who is not a participant in this proceeding.
(d) The documents or material produced can only be used for purposes relating
to this proceeding and not for any other purpose or proceeding.
(e) Documents or material produced shall only be photocopied for purposes
related to this instant proceeding.
Dated at Toronto, Ontario this 29th day of May, 2020.
“David R. Williamson”
David R. Williamson, Arbitrator