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HomeMy WebLinkAbout2016-2440.Grievor.19-10-25 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; 2016-2443; 2017-1794; 2017-3718 UNION# 2017-0368-0001; 2017-0368-0004; 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) 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 October 16, 2019 -2- INTERIM DECISION [1] Having regard to the representations of the parties, I make the following case management directions: 1. With respect to the employee named in paragraph 70 (hereafter “Employee 70”) of the Union’s particulars dated October 23, 2018 (the “Union’s particulars”), the Employer is ordered to produce to the Union a copy of all portions of the medical records in its possession in and a copy of any other documents which are arguably relevant to the accommodation of that employee on straight days. 2. The Employer is to provide redacted copies of all other medical records in its possession in relation to Employee 70 for the period during which Employee 70 was accommodated. 3. To the extent that the Employer redacts documents or portions of documents in the medical records, sufficient information shall be left non- redacted to disclose the general nature of the redacted documents or portions. 4. If the Union does not accept that the redactions have been limited to matters not arguably relevant, it shall promptly give notice of its challenge(s) to the Employer. The Employer shall forthwith provide the Arbitrator with non-redacted copies of the challenged documents for comparison with the redacted copies. The Arbitrator will determine what further portions of the documents, if any, shall be produced in a non- redacted form to the Union. 5. All medical records produced by the Employer 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 for inspection by the Employer, all parties are directed to follow these requirements: -3- i) all documents are to be kept confidential as among the parties; ii) no copies are to be made of any document except for the purpose of the arbitration of this grievance; iii) 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; iv) the documents are to be used for the purposes of this arbitration only and for no other or improper purpose; v) all copies of all documents 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. 6. With respect to the employee named in paragraph 69 of the Union’s particulars (“Employee 69”), for the purposes of the grievances before me the Employer has stipulated that Employee 69: • Was in receipt of an accommodation within the meaning of the Human Rights Code for a number of years, and that this accommodation included work on day shift. • There is no material difference between that employee’s need for accommodation and the Grievor’s need for accommodation. Rather, the Employer’s position is that the basis for the distinction between its treatment of the Grievor and Employee 69 relates to differences in the two different CACCs at which they are employed. The Employer is directed to produce to the Union any documents which are arguably relevant to the basis for the distinction between its treatment of the Grievor and Employee 69. 7. On the agreement of the parties, the issue of remedy shall be bifurcated from the merits of the grievances. Dated at Toronto, Ontario this 25th day of October, 2019. “Ian Anderson” ______________________ Ian Anderson, Arbitrator