Loading...
HomeMy WebLinkAbout2005-1443.Tardiel et al.07-04-10 Decision Crown Employees Grievance Settlement Board Commission de reglement des griefs des employes de la Couronne Nj ~ Ontario Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2005-1443, 2005-2702,2005-3087,2005-3859,2005-3860, 2005-3861, 2005-3863, 2005-3865, 2005-3866, 2005-3867, 2005-3869,2005-3870,2005-3871,2005-3874, 2005-3875, 2005-3876, 2005-3879, 2005-3883, 2005-3884, 2005-3886, 2005-3888, 2005-3889,2005-3890,2005-3891,2005-3893,2005-3894,2005-3895,2005-3896,2005-3898,2005-3901,2005-3909,2005-3910, 2005-3912,2005-3917,2005-3920,2005-3922,2005-3923,2006-0128,2006-0422,2006-0423,2006-0424,2006-0425,2006-0482, 2006-0623,2006-1129,2006-1130,2006-1816 UNION# 2005-0530-0022, 2005-0530-0040,2005-0530-0049, 2005-0530-0052, 2005-0530-0053, 2005-0530-0054, 2005-0530-0056,2005-0530-0058,2005-0530-0059,2005-0530-0060,2005-0530-0062,2005-0530-0063,2005-0530-0064, 2005-0530-0067,2005-0530-0068,2005-0530-0069,2005-0530-0072,2005-0530-0076,2005-0530-0077,2005-0530-0079, 2005-0530-0081,2005-0530-0082, 2005-0530-0083, 2005-0530-0084, 2005-0530-0086, 2005-0530-0087, 2005-0530-0088, 2005-0530-0089,2005-0530-0091, 2005-0530-0094, 2005-0530-0102, 2005-0530-0103, 2005-0530-0105, 2005-0530-0110, 2005-0530-0113,2005-0530-0115, 2005-0530-0116, 2006-0551-0002, 2005-0530-0121, 2005-0530-0122, 2005-0530-0123, 2005-0530-0124,2005-0530-0125,2006-0530-0019,2005-0530-0126,2005-0530-0127,2006-0521-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tardiel et al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Loretta Mikus Vice-Chair FOR THE UNION David Wright Ryder Wright Blair & Holmes LLP Barristers and Solicitors FOR THE EMPLOYER Fateh Salim Counsel Ministry of Government Services HEARING March 28, 2007. 2 Decision We had originally agreed to use the hearing date of March 28,2007, to deal with the Union's motion respecting an apprehension of bias. Instead, the parties used the day to reach an agreement on a comprehensive process for the exchange of medical information and documentation. At their request, that agreement is hereby issued as an Order of this Board as follows: 1. For each grievor who makes a claim of physical for mental harm related to the events giving rise to the grievance, and who has sought or obtained medical or health care or treatment for that harm, the Union will provide the Employer, at a minimum, with its particulars respecting that grievor, a copy of a standard form report from a treating health professional setting out the nature of the physical or mental harm and the treatment received with respect to it. 2. The report shall include a listing of any pre-existing or related medical or health conditions, or non-work related factors, if any, which have contributed to the medical or health conditions alleged to have been caused or aggravated as a result of the events giving rise to the grievance. 3. With respect to such grievor, the Union will also provide a list of all medical or health practitioners from whom the grievor has sought assistance or treatment respecting, the type of medical and health issues for which they are claiming damages in their grievance for the period from January 1,2004 to January 1,2006. 4. The format of the standard form report referenced in paragraph 1 shall be mutually agreed on by the parties. In the event that the parties are unable to agree on the format of the standard form, the parties will place the issues in dispute between them respecting the format before Vice-Chair Mikus for resolution by way of conference call hearing. 5. If, upon receiving the reports, the Employer is of the view that further medical disclosure is warranted respecting any individual grievor, the Employer shall advise the Union of the additional information, records or reports it is seeking with respect to the grievor and the basis for that request. 6. If the Union does not agree with the Employer's request for further disclosure, the matter shall be referred to Vice-Chair Mikus for resolution. 7. The Union agrees that it will also provide to the Employer a copy of the medical portion of the WSIB file for any grievor who has made a WSIB claim with respect to matters related to the grievance, with the exception of any documentation in the medical file which the Union is of the view is irrelevant to the issues in the grievance. In the event that the Union seeks to withhold any documentation on this basis, it will 3 provide the Employer with particulars of the document it is seeking to withhold and the basis for that withholding. If the parties cannot resolve the issue, the matter shall be referred to Vice-Chair Mikus for resolution. 8. The terms of this Order are without prejudice to the right of the Employer to seek further medical disclosure, or the ordering of an independent medical examination, respecting any particular grievor, and is without prejudice to the right of the Union to provide medical reports and documentation in addition to the standard form report. 9. Any document or information disclosed pursuant to this Order shall be subject to the same terms respecting confidentiality as set out in the Order of November 20,2006 respecting particulars. Dated at :r~~~nto this 10th day of April, 2007.