HomeMy WebLinkAbout2012-4253.Kaltagian.14-09-24 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#2012-4253, 2013-2273
UNION#2012-0545-0044, 2013-0545-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kaltagian) Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION Megan Reid
Dewart Gleason LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER George Parris
Ministry of Government Services
Legal Services Branch
Counsel
HEARING September 22, 2014
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Decision
[1] Two individual grievances filed by the grievor, Mr. Sevag Kaltagian are before the
Board. When the matter came up for hearing, on September 22, 2014, the parties,
together with the Vice-Chair, dealt with a number of preliminary and procedural
issues, including setting up timelines for production and particulars.
[2] The disclosure of the grievor’s medical information was also discussed, and the parties
agreed to the issuance of a consent order as follows:
The parties have agreed to the following order on consent:
1. The grievor shall execute the required releases permitting the
disclosure of all clinical notes, reports, tests, referrals and
correspondence (excluding correspondence from legal counsel, at this
time) from January 2011 to the present, in the two medical files as
discussed between counsel.
2. Disclosure of all documents is subject to the following conditions:
a. If counsel cannot agree on the arguable relevance of any of the
documents to be disclosed, the issue shall be referred to the
Board for resolution.
b. With regard to any document agreed upon or ordered to be
arguably relevant, Counsel for the Ministry shall be provided
with a single copy of the documents (either electronically or in
paper form), by OPSEU counsel.
c. Counsel for the Ministry may show a copy to an advisor from
each Ministry. However, the advisors shall not be permitted
to make or keep copies of these documents. Counsel shall
retain any and all copies of these documents in his/her control,
and shall only make copies of documents as is necessary for
the purposes of production in the hearing. The Ministry
officials with access to this medical information pursuant to
this order must treat the information as confidential.
d. All copies of said documents in possession of Counsel for the
Ministry shall be permanently and securely destroyed at the
close of the proceeding (including any judicial review).
e. Where either counsel seeks a variation from the terms of this
order, they shall bring a motion before the Board.
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[3] The foregoing terms shall have the same force and effect as an order of the Board and are
hereby issued as such.
Dated at Toronto, Ontario this 24th day of September 2014.
Nimal Dissanayake, Vice-Chair