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HomeMy WebLinkAbout2018-1524.Bernardo.23-02-15 DecisionCrown 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# 2018-1524; 2018-2933; 2018-3523; 2018-3524; 2018-3525 UNION# 2018-0601-0005; 2018-0601-0007; 2019-0601-0001; 2019-0601-0002; 2019-0601-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bernardo) Union - and - The Crown in Right of Ontario (Ministry of Children, Community and Social Services) Employer BEFORE Nimal Dissanayake Arbitrator FOR THE UNION Robert Healey Ryder Wright Holmes Bryden Nam LLP Counsel FOR THE EMPLOYER Katherine Ayers Treasury Board Secretariat Legal Services Branch Counsel HEARING February 9, 2023 - 2 - Decision [1] The Board is seized with five grievances filed by Mr. Jason Bernardo, who was employed as a Recreation Officer at the Donald Doucette Youth Centre. This included grievances filed in 2018 that the employer failed to accommodate him. [2] At the hearing on February 09, 2023, the Board dealt with a number of case management issues, including the appropriate scope of production of medical records the employer was entitled to. The parties made representations on that issue. [3] I have considered the employer’s position that it needed the grievor’s complete medical record in order to properly present its case and the grievor’s concern about broad disclosure of his personal and confidential health information. Both are legitimate positions. In balancing those competing interests of the respective parties, I order as follows: (a) The union is ordered to produce to the employer, as soon as possible, all medical records that in its view substantiate medical/health restrictions he was under at the time the grievor sought accommodation in 2018. This would include any and all medical notes and letters, clinical notes of the grievor’s doctors, as well as other medical health professionals, that relate to the accommodation . (b) The employer will have the right to seek orders from the Board for production by the union of further and/or more fulsome medical documentation, upon receipt of full particulars from the union, and relating to issues that may come up from the evidence, viva voce or documentary, tendered at the hearing. [4] This proceeding will continue as scheduled by the Registrar. I remain seized. Dated at Toronto, Ontario this 15th day of February 2023. “Nimal Dissanayake” _________________________ Nimal Dissanayake, Arbitrator