HomeMy WebLinkAbout2022-8631.Bahadur.24-03-26 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# 2022-8631
UNION# 2022-0526-0028
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bahadur) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Robin Lostracco
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Maria-Kristina Ascenzi
Treasury Board Secretariat
Labour Practice Group
Counsel
HEARING March 25, 2024
-2 -
Decision
[1] Having regard to the representations of the parties, all medical records produced
by the Union 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 for inspection
by the Grievor, all parties are directed to follow these requirements:
(iv) all documents are to be kept confidential as among the parties;
(v) no copies are to be made of any document except for the
purpose of the arbitration of this grievance;
(vi) 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;
(vii) Counsel for the Employer may only share a copy of the
Grievor’s medical records with one instructing client and an
ERA;
(viii) the documents are to be used for the purposes of this
arbitration only and for no other or improper purpose;
(ix) 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.
Dated at Toronto, Ontario this 26th day of March 2024.
“Ian Anderson”
Ian Anderson, Arbitrator