HomeMy WebLinkAbout2018-2938.Ramsook-Lall.21-04-16 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# 2018-2983; 2018-3149; 2019-0060; 2019-0540; 2019-0541;
2019-0542; 2019-0597; 2019-0598
UNION# 2018-0585-0023; 2018-0585-0026; 2019-0585-0001; 2019-0585-0004;
2019-0585-0005; 2019-0585-0006; 2019-0585-0007; 2019-0585-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ramsook-Lall) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Training and Skills Development) Employer
BEFORE
David R. Williamson
Arbitrator
FOR THE UNION
Manprit Singh
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Counsel
HEARING April 15, 2021
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DECISION
[1] A hearing was held on April 15, 2021, in relation to eight grievances of Indira
Ramsook-Lall.
[2] Having heard the submissions of the parties in regards to the issue of disclosure and
production of documents the following Order is hereby made to reflect the agreement of
the parties.
[3] On or before April 30, 2021, the Union shall deliver to Counsel for the Employer its
written particulars of the factual allegations on which it relies. The Employer shall have
the right to raise any and all preliminary arguments, including but not limited to timeliness
and jurisdiction, of any of the facts and/or allegations on which the Union relies in its
particulars.
[4] On or before May 31, 2021, the Union and the Grievor shall produce all arguably
relevant documents in their possession and provide them to Counsel for the Employer.
[5] On or before June 30, 2021, the Union and the Grievor are to provide all arguably
relevant medical documents to Counsel for the Employer. These documents are to
include clinical notes, records, and reports from all treating practitioners during the
relevant time periods. In the event there are redactions to any of the medical documents
produced, the Union and the Grievor will provide also one un-redacted copy of the medical
records solely for Employer Counsel review for purposes of raising any challenges to the
Union’s redactions.
[6] The Employer shall make best efforts to produce to the Union the documents it has
requested on or before June 30, 2021, or to the extent the Employer objects to producing
a document in whole or in part, briefly state its reasons for each such objection. At the
same time, the Employer shall also give the Union notice of any preliminary issues it
intends to raise.
[7] The disclosure of all medical documentation in this proceeding is subject to the
following conditions:
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a. Counsel for the Employer may share documents in the Grievor’s medical file,
and/or information in the documents, with the instructing client (including the
instructing Employee Relations Advisor) and one Disability Accommodation
Specialist for the purposes of obtaining instructions and/or preparation for the
hearing.
b. Counsel for the Employer may share documents in the Grievor’s medical file,
and/or information in the documents, with any witness to the extent necessary for
preparing witness testimony. Employer Counsel will advise the Union in advance
as to the witnesses with whom they intend to share the documents.
c. The individuals referred to in (a) and (b) above, namely the Employee Relations
Advisor, the Disability Accommodation Specialist, and Witnesses, may not share
any document in the Grievor’s medical file or information contained therein with
anyone else.
d. Counsel for the Employer may not share any documents in the Grievor’s medical
file or information contained therein with anyone other than the instructing client,
the Employee Relations Advisor, the Disability Accommodation Specialist, and any
Witness, without consent from the Union or an order from the Board.
e. Any individual with access to this medical information pursuant to this Order must
treat the information as confidential.
f. No copies are to be made of any document except for the purpose of the arbitration
of these grievances.
g. The documents are to be used for the purposes of this arbitration only and for no
other or improper purpose.
h. All copies of said documents in the possession of the Parties shall be permanently
and securely destroyed at the close of the proceeding (including any judicial
review), with the exception of a single copy for each Counsel’s file. Once the
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documents have been destroyed, Employer Counsel will confirm such with Union
Counsel, who will, in turn, provide the Grievor with written confirmation of same.
i. The Employer reserves the right to challenge any medical evidence, including by
cross-examination of any relevant medical practitioners.
[8] In the event the Union and/or the Grievor fail to meet the timelines set out above with
respect to particulars and/or production of documents, the Employer reserves the right to
bring a motion that the grievances be dismissed.
[9] On or before May 31, 2021, the Union shall advise the Employer whether the
grievance dated April 9, 2021, and/or any subsequent grievance(s) filed on behalf of the
Grievor, is to be listed with the matters currently before the Board. If any such grievance
is to be listed with the current matters, the Union shall provide particulars and production
related to this grievance by no later than May 31, 2021. This Order does not have the
effect of waiving any procedural time limits in respect of this grievance.
[10] And it is so Ordered.
Dated at Toronto, Ontario this 16th day of April, 2021.
“David R. Williamson”
______________________
David R. Williamson , Arbitrator