HomeMy WebLinkAbout2022-7492.Maxwell-Pemberton.23-12-01 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# 2022-7492
UNION# 2022-0526-0024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Maxwell-Pemberton) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Kevin Banks Arbitrator
FOR THE UNION James Somerville
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Regina Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
- 2 -
Decision
[1] The parties on consent have agreed to an order to reflect the agreement of the
parties on the issue of the disclosure of the grievor’s medical file.
[2] The Union and the Grievor shall produce all arguably relevant medical records,
which includes but is not limited to any medical treatment sought by the grievor
during the relevant period of the grievance, as well as records for treatment sought
in relation to any medical condition she asserts contributed to her absenteeism
during the relevant time period.
[3] The disclosure of all medical documentation in this proceeding is subject to the
following conditions:
a. The medical documentation shall be disclosed to Employer counsel.
b. The medical documentation will be used solely for the purpose of the
arbitration at issue and for no other purpose.
c. Counsel for the Employer may share documents with one instructing client,
one Employee Relations Advisor and one Disability Accommodation
Specialist. Counsel for the Employer may share information in the
documents with an additional instructing client, only to the extent necessary
to obtain instructions.
d. Counsel for the Employer may share documents in the Grievor’s medical file,
and/or information in the documents, with any witness to the extent
necessary for preparing witness testimony.
e. The individuals referred to in (c) and (d) above may not share any documents
in the grievor’s medical file or information contained therein with anyone else.
At the conclusion of the hearing, all medical documentation provided
pursuant to this order (and not entered into evidence) shall be
deleted/destroyed by the individuals referred to in (c) and (d) above.
f. Counsel for the Employer may not share any documents in the Grievor’s
medical file or information contained therein with anyone other the individuals
referred to in (c) and (d) without consent from the Union or an order from the
Board. Employer counsel may keep a copy of the medical documentation for
their file.
Dated at Toronto, Ontario this 1st day of December 2023.
“Kevin Banks”
Kevin Banks, Arbitrator