HomeMy WebLinkAbout2020-1788.Thibideau.24-03-06 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# 2020-1788; 2021-3325
UNION# 2020-0290-0021; 2022-0290-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Thibideau) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services)
Employer
BEFORE Kathleen G. O’Neil Arbitrator
FOR THE UNION Jorge Hurtado
Morrison Watts Hurtado & Buchner
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
HEARING March 6, 2024
- 2 -
Decision
PRODUCTION ORDER
[1] Subject to the comments below, the employer will produce the following
documents to counsel for the Union by the end of business on April 5, 2024:
• Copies of any and all notes of Roopesh Vaghela, Luciene Allen and other
management officials involved in return-to-work meetings between April
2021 and August 2022;
• Copies of correspondence between management (including but not limited
to the managers Roopesh Vaghela and Luciene Allen) and the Grievor,
management and WSIB and management with any external service
provider related to efforts related to the Grievor’s return to work from March
2020 until present;
• Copies of any and all arguably applicable training materials including
manuals, documents, policies and written protocols for the YSO position in
2021 and 2022.
[2] All documents produced pursuant to this order or otherwise are subject to the
following restrictions respecting confidentiality and nondisclosure:
All documents produced between the parties are to be used only for the
purposes of the resolution of the grievances.
Given the sensitive nature of medical records, the medical records already
released must be used only for the purpose of resolving the grievance, and
must be distributed only to those who have a real need to consult them for
that purpose, unless otherwise agreed by counsel for the parties. The
medical information contained in the documents disclosed for the purposes of
this arbitration shall be disclosed subject to the obligation of any person who
receives it to keep it confidential as appropriate for medical and personal
information. I rely on counsel for the parties to communicate these
conditions to those to whom the documents or information are disclosed.
[3] I remain seized to deal with any difficulties in respect of the implementation of
the above.
Dated at Toronto, Ontario this 6th day of March 2024.
“Kathleen G. O’Neil”
Kathleen G. O’Neil, Arbitrator