Loading...
HomeMy WebLinkAbout2012-3523.Winter.15-03-04 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#2012-3523, 2012-3524, 2012-3525, 2012-3526, 2012-3527, 2012-3528, 2012-3529, 2012-3530, 2012-3531, 2012-3532, 2012-3533, 2012-3534, 2012-3535, 2012-3536 UNION#2012-0102-0060, 2012-0102-0061, 2012-0102-0062, 2012-0102-0063, 2012-0102-0064, 2012-0102-0065, 2012-0102-0066, 2012-0102-0067, 2012-0102-0068, 2012-0102-0069, 2012-0102-0070, 2012-0102-0071, 2012-0102-0072, 2012-0102-0073 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Winter) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Randi H. Abramsky Vice-Chair FOR THE UNION Sheila Riddell Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Benjamin Parry Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL SUBMISSIONS February 19, 2015 February 20, 2015 - 2 - Decision [1] A dispute has arisen concerning disclosure of the Grievor’s medical records. The grievances date from 2012, and cover allegations back to 2009. The Union has consented to provide the Grievor’s medical records from 2007, but has objected to providing any medical records prior to that time. The medical records in dispute, from the Grievor’s doctor, go back to 2004. [2] Based on the submissions and case law provided, I conclude that the Grievor’s medical records for the period 2004-2007 should be made available to counsel for the Employer – only – to review to determine if any of the documents are “useful and necessary” to the substantive issues in dispute. Re Becker Milk Co. Ltd. and Milk & Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local 647 (1996) 53 L.A.C. (4th) 420 (Joyce), quoted in Re OPSEU (Richard) and Ontario Clean Water Agency, GSB 200-1220 (Abramsky). If counsel identifies such documents, and the Union still objects, we will deal with the dispute on an individualized basis. [3] In so ruling, I conclude that the fact that the Grievor’s allegations may legally only go back to 2009 does not mean that a two-year cut off in regard to medical records is appropriate. The Grievor has alleged that the Employer’s actions have directly caused her harm and has relied on doctor’s reports to establish the harm. There has been some indication of pre-existing issues. In these circumstances, the Employer is entitled to review the Grievor’s medical records. [4] At this time, however, in order to limit the disclosure of the disputed medical records, only counsel for the Employer may view them. No copies may be made, and the review is limited solely to this litigation and for no other purpose. Dated at Toronto, Ontario this 4th day of March 2015. Randi H. Abramsky, Vice-Chair