HomeMy WebLinkAbout2019-2628.Frater.22-04-06 Decision
Crown 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#2019-2628
UNION#2020-5112-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Frater) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Tatiana Wacyk Arbitrator
FOR THE UNION Jane Zhang
Dewart Gleason LLP
Counsel
FOR THE EMPLOYER Julia Evans
Treasury Board Secretariat
Legal Services Branch
Counsel
- 2 -
Decision
[1] I direct the Employer to forthwith produce to Union counsel, the following
documents:
a. The Health Care File of inmate JS and the Health Care File Review
contained within the Employer’s investigation into the 2015 death of
inmate JS.
b. The Health Care File of inmate ZZ and the Health Care File Review
contained within the Employer’s investigation file into the 2016 death
of inmate ZZ.
c. The names of the patients; their Health Card Numbers and any other
identifying information, shall be redacted before being provided. The
individuals shall be referred to by the above initials.
[2] The production of the health care records set out in paragraph 1, by the Employer
in this proceeding, is subject to the following conditions:
a. The confidentiality of these documents shall be maintained;
b. Neither the documents nor their contents shall be disseminated or
discussed with anyone outside of this arbitration process;
c. The documents shall not be put to any use outside of this arbitration
process;
d. Subject to the terms below, the documents shall not be copied, but
for copies that are required for the Arbitrator, counsel, the employer’s
advisors, or a witness during the hearing;
e. Union counsel may provide a copy to the Grievor for the purposes of
this case, however, the conditions of production apply to her and at
the end of this case she must return her copy to Union counsel, who
will return that copy to the Employer or destroy that copy and confirm
that it has been destroyed;
f. The only copies to remain at the conclusion of the arbitration are the
copies in the possession of the Board and one (1) copy, which is to
remain in the care and control of counsel for the Employer.
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[3] The production directions in this decision are without prejudice to any position that
either party may take in respect of future production requests if and as they arise.
Dated at Toronto, Ontario this 6th day of April 2022.
“Tatiana Wacyk”
_____________________
Tatiana Wacyk, Arbitrator