HomeMy WebLinkAboutVan Woudenberg 21-01-14IN THE MATTER OF AN ARBITRATION
B E T W E E N
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the “Union” or “OPSEU”)
AND
SHERIDAN COLLEGE
(the “College”)
Grievance of Dr. van Woudenberg
Termination grievance filed on March 4, 2017
2016-02444-0023
Arbitrator Jules B. Bloch
Appearances:
OPSEU:
Chris Bryden, Counsel,
Manprit Singh, Counsel
Alexander Zamfir, OPSEU Grievance Officer
Dr. Maximiliaan Van Woudenberg, Grievor
SHERIDAN COLLEGE
Daniel J. Michaluk, Counsel,
Brianne Taylor, Counsel,
Deborah Metrakos, Director Employment Relations and Talent Acquisition,
Gurleen Lamsar, Employment Relations.
This motion was heard by video conference on January 14, 2021.
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IN THE MATTER OF AN ARBITRATION
B E T W E E N
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the “Union” or “OPSEU”)
AND
SHERIDAN COLLEGE
(the “College”)
Grievance of Dr. van Woudenberg
Termination grievance filed on March 4, 2017
2016-02444-0023
Motion Direction
1. At the beginning of today’s hearing the College requested, by motion, that I direct the
following:
Dr. Black be allowed to deposit Dr. van Woudenberg’s medical records
with the chair of this arbitration panel pending the outcome of the Union’s
motion on the production and admissibility of Dr. van Woudenberg’s
medical records.
Ms Burgess be granted leave of this Arbitration Board to leave the
proceedings and return on Monday January 14, 202, if necessary. The
Union did not object to this College request and therefore I granted leave
for Ms Burgess to leave the Arbitration and to return on January 14, 2021
if necessary.
Dr. Green, who did not answer the summons to witness to attend today, be
served the summons to witness by e-mail.
2. In response to the request noted above the Union raises the issue of privacy and rejects
the College’s request as it relates to Dr. Black and Dr. Green at this time.
3. This Board of Arbitration understands that Dr. Black is simply the custodian of Dr. van
Woudenberg’s medical records. Further I will rule, after the parties submissions, about
the production and admissibility of these documents. In the meantime, having Dr. Black
return to produce Dr. van Woudenberg’s medical records should he be directed to do so,
is an improper waste of Dr. Black’s time. An Ontario arbitrator has the power to make
interim orders concerning procedural matters, including making interim orders, directing
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the documents that may be admissible to the matter being heard to be produced before the
commencement of the hearing. In this case, the request is about the Arbitration Board,
holding the medical documents in escrow until such time as there is a ruling about their
production and admissibility.
4. The Union is advancing the proposition that an arbitrator holding documents in escrow,
prior to the ruling about the documents production and admissibility, somehow breaches
the Grievor’s expectation of privacy and confidentiality in an arbitration.
5. There is no breach of Dr. van Woudenberg’s privacy and/or confidentiality when a Board
of Arbitration holds medical documents in escrow pending a decision on the merits of the
production and admissibility motion.
6. I direct Dr. Black to deposit Dr. van Woudenberg’s medical documents with the Board of
Arbitration. I will hold the documents on a confidential and private basis until such time
as I have ruled. After my ruling I will either delete the documents or alternatively if the
College is successful, I will release the documents in the manner described in my
direction.
7. The motion on alternative service by e mail to Dr. Green is granted. I have already
signed a summons to witness which Dr. Green has not responded to. Dr. Green should
understand that failure to abide by my summons to witness can lead to a finding of
contempt of this Board and the possibility that the Police may be dispatched to ensure the
Doctor’s attendance.
8. I am seized of the application, interpretation and implementation of this direction
Dated in Victoria this 14th day of January 2021.
——————-
Jules B. Bloch
Arbitrator