HomeMy WebLinkAbout2021-2404.Mangone et al.22-06-02 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-0231; 2021-0232
UNION# 2021-0678-0003; 2021-0678-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mangone et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING DATE June 2, 2022
- 2 -
Decision
[1] The matter before me concerns the termination of employment of two
Correctional Officers. During the testimony in chief of an Employer witness, an issue
arose regarding the production of an inmate’s health care record. Given my view that at
least some of the information contained therein is at least arguably relevant in this
proceeding, I orally directed that the Employer produce the relevant features of the
inmate’s health care record to Union counsel. This decision serves to confirm the oral
direction. Therefore, the Employer is directed to produce to Union counsel the relevant
features of the health care record on file at the institution for inmate no. 1000351018 as
soon as possible. Union counsel shall not provide others with a copy of this health care
record and it shall be used by him only for the purposes of this proceeding. This
direction is based on a recognition that Employer counsel will review the relevant health
care record first to make an assessment of what matters contained therein have some
arguable relevance to this proceeding.
Dated at Toronto, Ontario this 2nd day of June 2022.
“Ken Petryshen”
_______________________
Ken Petryshen, Arbitrator