HomeMy WebLinkAbout2009-2279.Ross.11-04-04 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
Fax (416) 326-1396 7pOpF
GSB#2009-2279, 2010-1703
UNION#2009-0542-0016, 2010-0542-0030
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ross)
Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFOREVice-Chair
Daniel Harris
FOR THE UNION
Laura Johnson
Ontario Public Service Employees Union
Grievance Office
FOR THE EMPLOYER
Susan Munn
Ministry of Government Services
Labour Practice Group
Counsel
HEARINGMarch 10, 2011.
- 2 -
Decision
This matter came on for hearing on March 10, 2011. Having heard the submissions of the
parties, the Board hereby orders as follows:
1. Dr. L. Teape-Himphrey, 100 Pertosa Drive, Unit 104, Brampton, Ontario, is to
produce copies of her clinical notes and records from July 4, 2009 to October 22,
2009, pertaining to the assessment and treatment of Donnis Ross relating to injuries
suffered in a motor vehicle accident on July 4, 2009;
2.The aforementioned documents are to be produced to counsel for OPSEU, Laura
Johnson, who is to provide copies of any of the documents that are arguably relevant
to counsel for the MTO, Susan Munn;
3.The documents may be reviewed by Judy Taggart, Manager, Driver Improvement
Office, MTO and Lisa Rawlings, Employee Relations Advisor, MGS or their
replacements and any medical expert retained by the MTO for the purpose of
providing any opinion to the MTO for the purposes of this hearing;
4.The documents are to be used solely for the purposes of these proceedings. At the
end of the litigation, all copies of the documents are to be returned to counsel for
OPSEU, who will dispose of them as instructed by the grievor, save and except that
counsel for the MTO may retain one copy of any of the documents entered as exhibits
in these proceedings. Such copy is to be retained securely in the litigation file.
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Dated at Toronto this 4 day of April 2011
Daniel Harris, Vice-Chair