HomeMy WebLinkAbout2012-3101.Lee.15-01-06 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# 2012-3101
UNION# 2012-0549-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lee) Union
- and -
The Crown in Right of Ontario
(Ontario Science Centre) Employer
BEFORE Mary Lou Tims Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
- 2 -
Decision
[1] By the authority vested in me, I hereby order the production of the grievor’s complete
medical records, including those in the possession of the Grievor’s physicians’, Hospitals, or
Long Term Disability carrier, for the period from January 1, 2004 to the present (hereinafter
”confidential documents”) subject to the following conditions:
[i] the Grievor’s medical records as described above and the information in them may be
shared by the Employer counsel only with the employer’s advisors for the purpose of
obtaining instructions or preparation for the hearing. The employers’ advisors may not
share the documents or the information in the documents with anyone else, without the
consent of Union counsel or by order of the Board. They may not make copies of those
documents. When the proceedings are completed they will return all copies to Employer
counsel and she will either destroy them or put them in a place to which only she or her
successors as counsel for the Employer will have access. Employer counsel will advise
Union counsel when this has been done.
[ii] Notwithstanding paragraph 3, the Employer is entitled to review the confidential
documents and the information in them that it has received from the Union with the
employer’s witnesses, provided that doing so is strictly necessary for the purposes of
preparing witness testimony, and that the documents and information shared is conducted
solely on a need-to-know basis. The terms listed in paragraph 3 with respect to the
sharing and copying of documents, and with respect to the ultimate disposal of the
documents, apply equally to the directions in this paragraph.
[iii] Union counsel will endeavour to provide Employer counsel with a list of documents
he intends to introduce in evidence. All such documents may be discussed with those
with whom Employer needs to consult in preparation of the case. Once the documents are
introduced as evidence they will be treated as public documents, subject the general
practice in proceedings before the Board of protecting the Grievor’s privacy as far as
reasonably possible in the circumstances.
Dated at Toronto, Ontario this 6th day of January 2015.
Mary Lou Tims, Vice-Chair