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HomeMy WebLinkAbout2004-3447.Stevens-Vardjas.06-10-12 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2004-3447 UNION# 2004-0248-0210 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Stevens-Vardjas) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Vice-Chair Barry Stephens FOR THE UNION Scott Andrews Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Mary-Jo Knappett Staff Relations Officer Ministry of Community Safety and Correctional Services HEARING May 24, 2006 SUBMISSIONS September 1, 2006. 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have agreed to a ?True Mediation-Arbi tration? process, wherein each provides the vice-chair with submissions, which include the facts and author ities each relies upon. The process adopted by the parties provides for a canvassing of the fact s during the mediation ph ase under the Protocol. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or preceden t. The parties were unable to resolve this matter in mediation. Accordingly, the matte r has been referred to me as a True Mediation/Arbitration deci sion under the Protocol. At the beginning of the session on May 24, 2006, it was determined that the union had not provided the employer with full or appropriate Ap pendix B?s, as required under the Protocol, and as a result, the employer had been unable to prepare appropriate Appendix C?s. I met with the representatives of the parties, and it was agreed the three-day mediati on session would proceed. In order to assist the parties, I advised that the union would be expected to prepare appropriate Appendix B?s prior to the discussion of any speci fic case. This they did, and, in the process, numerous grievances were withdrawn by the uni on. The employer then reviewed each grievance, and mediation was attempted. There were a number of grievances referred to arbitration, and the employer was provided with a full opportunity to submit formal Appendix C?s after the session. 3 FACTS The grievor complains that her medical confid entiality was breached during a meeting held on November 24, 2004. The meeting was held to disc uss the grievor?s status under the Attendance Support Program. There were two employer representatives present, as well as the grievor and a union representative. It does not appear to be contested that, at some point during the meeting, one of the employer representati ve, James Craig, divulged to the others information about the grievor?s medical condition. The union asserts this is a br each of the grievor?s medical confidentiality, and seeks an order that the grievor deal with a different management representative with respect to her medical/attendance issues. The employer responds that the meeting was held in a private locatio n under the terms of a medical release signed by the grievor. The medical release reads as follows: I consent to releasi ng the above information to my employer in accordance with provisions of the OPS agreements negotia ted with bargaining agents, provincial legislation/statutes and OPS policies and programs. I was not provided with copies of any of the agreements, policies or programs cited in the release. Nor did I receive submissions on specific legislative pr ovisions or statutes. INTERIM RULING In my view, this grievance raises a significant is sue with respect to the confidentiality of medical information. As I have not been provided the full documentation referred to in the release, nor the benefit of submissions on those as they are to be applied in the context of the laws of the province, it is my view that this matter should not be decided under the ?true mediation/arbitration?: procedure under the protocol. If either party feels strongly that the matter should proceed directly to JFR, I am ready to re ceive submissions on the point. Otherwise, it is 4 my view that this matter should be more fu lly addressed under the Expedited Arbitration procedure set out in the protocol. th Dated at Toronto, this 12 day of October, 2006. ________________________ Barry Stephens, Vice-Chair