HomeMy WebLinkAbout2021-0304.Metcalfe.23.09.13 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# 2021-0304
UNION# 2020-0601-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Metcalfe) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Matthew Appignanesi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Katherine Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
September 7, 2023
-2 -
Decision
[1] On the request of the parties, a case management hearing was held on
September 7, 2023.
[2] The grievance before me is dated November 20, 2020. It relates in part to an
allegation that the Employer failed to accommodate a medical disability of the
Grievor. The Union confirmed that its full particulars as to the nature of the
medical issues raised (the “medical particulars”), were as set out in its letter dated
December 14, 2021 to the Employer. The Grievor alleges that she was out of the
workplace until on or about February 8, 2022 as a result of the Employer’s ongoing
failure to accommodate her medical disability. On the agreement of the parties,
my jurisdiction is extended to address this allegation.
[3] Having considered the representations of the parties, I make the following orders:
Production of Grievor’s Medical Records by Union
1. The Union is ordered to produce to the Employer a copy of all portions of
the Grievor’s medical records for the period October 1, 2018 to February
28, 2022 which are arguably relevant to the medical particulars by
November 30, 2023.
2. To the extent the Union considers a medical record or portion of a medical
record during this period of time is not arguably relevant to the medical
particulars, the Union is ordered to provide the Employer with redacted
copies of those records.
3. To the extent that the Union redacts documents or portions of documents in
the medical records, sufficient information shall be left non-redacted to
disclose the general nature of the redacted documents or portions.
4. If the Employer does not accept that one or more of the redactions have
been limited to matters not arguably relevant to the medical particulars, it
shall promptly give notice of its challenge(s) to the Union. The Union shall
forthwith provide the Arbitrator with non-redacted copies of the challenged
documents for comparison with the redacted copies. The Arbitrator will
determine what further portions of the documents, if any, shall be produced
in a non-redacted form to the Employer.
Production of Employer’s Medical Records in Relation to the Grievor by the
Employer
5. The Employer is ordered to produce to the Union a copy of all medical
records in its possession related to the Grievor’s requests for
accommodation during the period October, 2020 to February, 2022 by
November 30, 2023.
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Confidentiality of Medical Records
6. All medical records produced by the Union or the Employer are subject to
the following confidentiality order:
a) The parties to the arbitration are directed:
i) to comply with the following directions;
ii) to direct their agents, officers, employees and counsel comply
with the following directions; and
iii) to obtain the agreement of any third party to whom they might
properly give any of the documents that such third party shall
comply with the following directions.
b) With respect to the use of the medical records produced, all parties are
directed to follow these requirements:
i) all documents are to be kept confidential as among the
parties;
ii) no copies are to be made of any document except for the
purpose of the arbitration of this grievance;
iii) no copies are to be circulated to third parties, except as
necessary for the conduct of the arbitration of this grievance,
and once that purpose has been completed the copies are to
be retrieved from the third parties;
iv) the documents are to be used for the purposes of this
arbitration only and for no other or improper purpose;
v) all copies of all documents are to be destroyed or returned to
the provider of the documents at the conclusion of this
arbitration and any judicial review proceedings arising out of
the arbitration, save for one copy to be retained by each
counsel in their file.
Production of Other Documents
7. On or before November 30, 2023, each party shall produce to the other
party documents requested on or before November 1, 2023 or, to the extent
it objects to producing a document in whole or in part, briefly state in writing
its reasons for each such objection.
8. Each party shall produce to the other party any additional documents upon
which it anticipates it will rely on or before November 30, 2023.
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Identification of Preliminary Issues
9. Each party is to advise the other party of any preliminary issues it intends to
raise by January 12, 2024.
Dated at Toronto, Ontario this 13th day of September 2023.
“Ian Anderson”
Ian Anderson, Arbitrator