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HomeMy WebLinkAbout2010-1825.Warling.13-10-30 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#2010-1825 UNION#2010-0517-0042 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Warling) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Brian M. Keller Vice-Chair FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Omar Shahab Ministry of Government Services Legal Services Branch Counsel CONFERENCE CALL October 16, 2013 - 2 - Decision [1] This matter has been the subject of a previous Board decision, written communication to the parties, and four conference calls with counsel. This decision is to provide direction for how this matter is to proceed. [2] The Board is satisfied that it has the necessary authority and, therefore, can and will address the various issues raised in the grievance, all of which fall under the general heading of confidentiality with respect to how the ASMPP is interpreted and administered and how medical records are sought, maintained and used both corporately and within the various institutions. [3] This general heading of confidentiality includes, but is not limited to, how and by whom employees are notified that they are on the program and its various steps: where meetings related to the ASMPP should be held: where and how medical records of individual employees are kept, maintained and stored: who has or should have access to those records: for what purpose may the records be used and by whom: what information regarding accommodation may be requested, and by whom: how and where information regarding accommodation is kept, maintained and stored: who has or should have access to that information. [4] In view of the above, the employer is not required to respond to the 31 questions as requested of it in the most recent conference call. Another conference call will be scheduled with counsel to determine how this matter will move forward from this point. Dated at Toronto, Ontario this 30th day of October 2013. Brian M. Keller, Vice-Chair