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HomeMy WebLinkAbout2016-2440.Grievor.18-12-06 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# 2016-2440; 2016-2442; 2016-2443; 2016-2850; 2017-1794; 2017-3718 UNION# 2017-0368-0001; 2017-0368-0003; 2017-0368-0004; 2017-0368-0020; 2017-0368- 0385; 2018-0368-0011 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Grievor) Union - and - The Crown in Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Regina Wong Treasury Board Secretariat Legal Services Branch Counsel HEARING November 29, 2018 -2- DECISION [1] On the agreement of the parties, and without prejudice to the position of the Employer with respect to any future decision in this or any other matter, the name of the Grievor is omitted from this decision and its style of cause. [2] On the agreement of the parties, the Union is ordered to produce to counsel for the Employer a copy of all portions of the Grievor’s medical records for the period April 2016 to April 2018 which are arguably relevant to the grievances. The Employer reserves the right to ask for additional medical records should additional medical records become arguably relevant to the grievances. [3] On the agreement of the parties, all medical records produced by the Union are subject to the following confidentiality order: (a) The parties to the arbitration are directed: i) to comply with the following directions; ii) to direct their agents, officers, employees and counsel comply with the following directions; and iii) to obtain the agreement of any third party to whom they might properly give any of the documents that such third party shall comply with the following directions. (b) With respect to the use of the medical records produced by the Grievor, all parties are directed to follow these requirements: i) all medical records are to be kept confidential as among the parties; ii) counsel for each party may disclose the medical records or their contents to one instructing client, and shall not disclose the medical records or their contents to any other agents, officers, or employees of their client except to the extent strictly necessary for the purposes of the arbitration proceedings; iii) no copies are to be made of any medical record except for the purpose of the arbitration of this grievance; iv) no copies are to be circulated to third parties, except as necessary for the conduct of the arbitration of this grievance, and once that purpose has been completed the copies are to be retrieved from the third parties; -3- v) the medical records are to be used for the purposes of this arbitration only and for no other purpose; vi) all copies of all medical records are to be destroyed or returned to the provider of the documents at the conclusion of this arbitration and any judicial review proceedings arising out of the arbitration, save for one copy to be retained by each counsel in their file. (c) For greater clarity, (a) and (b) do not prohibit the use, for any purpose, of evidence that is given or referred to during a hearing at the Board or information obtained from such evidence. Dated at Toronto, Ontario this 6th day of December, 2018. “Ian Anderson” ______________________ Ian Anderson, Arbitrator