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HomeMy WebLinkAbout2012-3769.Ven.15-08-28 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#2012-3769 UNION#2012-0302-0009 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ven) Union - and - The Crown in Right of Ontario (Ministry of Attorney General) Employer BEFORE Randi H. Abramsky Vice-Chair FOR THE UNION Chris Donovan Dewart Gleason LLP Counsel FOR THE EMPLOYER Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL August 28, 2015 - 2 - Decision Having heard the submissions of the parties, I hereby order as follows: [1] The Union and the grievor are ordered to produce copies of all documents that are arguably relevant to the issues in dispute in this grievance, and that are not privileged. [2] This order includes non-privileged clinical notes and records that are current in the union and the grievor’s possession or control and that are arguably relevant to the assessment and treatment of the grievor with regard to her request for accommodation, her allegations of harassment, and the effect of the Employer’s alleged actions on her physical and mental health. [3] The documents produced may be shared with the Employee Relations Advisor assigned to this grievance, Anne Weber (operations Manager, Criminal Law Division), Cheryl Barr (Regional Manager, Criminal Law Division), and a representative at the Centre for Employee Health and Safety and Wellness, solely for the purpose of providing the Employer’s lawyers with instructions. [4] The documents may also be reviewed by any medical expert retained by the Employer to provide any opinion to the Employer for the purposes of this hearing. [5] The documents are to be used solely for the purposes of this proceeding. The contents of the documents shall not be disclosed to any other person without agreement from the Union or leave of the Board, subject to such documents being entered as an exhibit in this proceeding. [6] Counsel for the Employer may retain one copy of any of the documents entered as exhibits in these proceedings. Such copy is to be retained securely in the litigation file. All copies provided to the individuals referred to in paragraph 3 will be destroyed at the end of these proceedings. Dated at Toronto, Ontario this 28th day of August 28th, 2015. Randi H. Abramsky, Vice-Chair