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HomeMy WebLinkAbout2021-0304.Metcalfe.23.09.13 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# 2021-0304 UNION# 2020-0601-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Metcalfe) Union - and - The Crown in Right of Ontario (Ministry of Children, Community and Social Services) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Matthew Appignanesi Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Katherine Ayers Treasury Board Secretariat Legal Services Branch Counsel HEARING September 7, 2023 -2 - Decision [1] On the request of the parties, a case management hearing was held on September 7, 2023. [2] The grievance before me is dated November 20, 2020. It relates in part to an allegation that the Employer failed to accommodate a medical disability of the Grievor. The Union confirmed that its full particulars as to the nature of the medical issues raised (the “medical particulars”), were as set out in its letter dated December 14, 2021 to the Employer. The Grievor alleges that she was out of the workplace until on or about February 8, 2022 as a result of the Employer’s ongoing failure to accommodate her medical disability. On the agreement of the parties, my jurisdiction is extended to address this allegation. [3] Having considered the representations of the parties, I make the following orders: Production of Grievor’s Medical Records by Union 1. The Union is ordered to produce to the Employer a copy of all portions of the Grievor’s medical records for the period October 1, 2018 to February 28, 2022 which are arguably relevant to the medical particulars by November 30, 2023. 2. To the extent the Union considers a medical record or portion of a medical record during this period of time is not arguably relevant to the medical particulars, the Union is ordered to provide the Employer with redacted copies of those records. 3. To the extent that the Union 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 Employer does not accept that one or more of the redactions have been limited to matters not arguably relevant to the medical particulars, it shall promptly give notice of its challenge(s) to the Union. The Union 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 Employer. Production of Employer’s Medical Records in Relation to the Grievor by the Employer 5. The Employer is ordered to produce to the Union a copy of all medical records in its possession related to the Grievor’s requests for accommodation during the period October, 2020 to February, 2022 by November 30, 2023. -3 - Confidentiality of Medical Records 6. All medical records produced by the Union or 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, all parties are directed to follow these requirements: 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. Production of Other Documents 7. On or before November 30, 2023, each party shall produce to the other party documents requested on or before November 1, 2023 or, to the extent it objects to producing a document in whole or in part, briefly state in writing its reasons for each such objection. 8. Each party shall produce to the other party any additional documents upon which it anticipates it will rely on or before November 30, 2023. -4 - Identification of Preliminary Issues 9. Each party is to advise the other party of any preliminary issues it intends to raise by January 12, 2024. Dated at Toronto, Ontario this 13th day of September 2023. “Ian Anderson” Ian Anderson, Arbitrator