HomeMy WebLinkAbout2016-0806.Louis.19-07-18 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# 2016-0806; 2017-3618
UNION# 2015-0503-0015; 2018-0503-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Louis) Union
- and -
The Crown in Right of Ontario
(Ministry of Training, Colleges and Universities) Employer
BEFORE
Diane L. Gee
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Stewart McMahon
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING July 16, 2019
-2-
DECISION
[1] Having regard to the agreement of the parties, I hereby issue the following orders
on consent:
a) Following the issuance of Arbitrator Gee’s decision on the scope of the
grievances, the Union and Ms. Louis shall produce any and all records
from health care practitioners who provided services for Ms. Louis one
year prior to the earliest allegation up to and including the date of the
order.
b) The Union shall produce to Counsel for the Employer two (2) copies of the
records referred to in paragraph 1. There will be an unredacted complete
record and a proposed redacted version of the records that redacts health
care information that is not arguably relevant to the grievances. Should
Counsel for the Employer object to any of the proposed redactions, the
matter will be referred to the Arbitrator for a decision.
c) Counsel for the Employer shall be entitled to share the final redacted
version in hard copy with (1) Employee Relations Advisor and one (1)
instructing Ministry client, or their successor. No electronic copies shall be
made.
d) At all times the documents shall be treated as confidential and stored in a
secure manner.
e) Following the conclusion of this matter, Counsel for the Employer shall
confirm that all hard copies will be sealed and filed until destroyed in
accordance with the governing legislation.
f) In the event that the above-noted records are not produced as of
September 30, 2019, or such later date as mutually agreed to by the
parties, a conference call will be convened with Arbitrator Gee.
Furthermore, all requests for disclosure from either Party shall be met by
September 30, 2019, or such later date as mutually agreed to by the
parties.
[2] The parties have further agreed to consolidate a grievance filed by Ms. Louis on
July 16, 2019 (the “2019 Grievance”) with the existing two grievances. This
grievance has not yet been assigned a file number. The Employer has agreed
not to raise any objections to the timeliness of the 2019 Grievance and, in
consideration for such agreement, the Union and Ms. Louis have agreed they will
not make any allegations concerning the manner in which a complaint, filed by
Ms. Louis under the Workplace Discrimination and Harassment Prevention Policy
-3-
(“WDHP”) in or about January 2018 and marked as Exhibit 6 in these
proceedings (“January 2018 WHDP complaint”), was handled by the Employer.
Dated at Toronto, Ontario this 18th day of July, 2019.
“Diane L. Gee”
______________________
Diane L. Gee, Arbitrator