HomeMy WebLinkAbout2018-2938.Ramsook-Lall.21-10-28 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2018-2983; 2018-3149; 2019-0060; 2019-0540; 2019-0541;
2019-0542; 2019-0597; 2019-0598; 2021-0464
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; 2021-0585-0001
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
Farnaz Talebpour
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Counsel
HEARING October 19, 2021
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Decision
AMENDMENT TO DECISION DATED APRIL 16, 2021
[1] A Hearing was held on October 19, 2021 at which the Parties jointly requested certain
amendments be made to the Decision issued earlier in the year and dated April 15,
2021. That Decision is set out below, and is now amended in the following way having
heard the submissions of the Parties. That earlier Decision is now amended by the
Order set out in the following paragraphs [A], [B], and [C].
[A] In paragraph one of the Decision, the wording “eight grievances of Indira Ramsook-
Lall” is now amended to read “nine grievances of Ramsook-Lall. The ninth grievance
is dated April 9, 2021, with Union #2021-0585-0001 and GSB file # 2021-0464”.
[B] Paragraphs 7a, 7b, 7c, and 7d of the Decision are hereby amended to read as follows:
[7] The disclosure of all medical documentation in this proceeding is subject to the
following conditions:
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), Law
Students assisting Counsel, 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 Instructing
Client, the Employee Relations Advisor, Law Students assisting
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Counsel, 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, Law Students assisting Counsel, the
Employee Relations Advisor, the Disability Accommodation Specialist,
and any Witness, without consent from the Union or an Order from the
Board. Counsel for the Employer shall notify Counsel for the Union as
to with whom such medical documents or information has been
shared.
[C] And it is so Ordered.
Dated at Toronto, Ontario this 28th day of October, 2021.
“David R. Williamson”
David R. Williamson
Arbitrator
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
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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:
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.
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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 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.
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[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