GSB # 1723/99
OPSEU # 00U002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Policy Grievance)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health /Hamilton Psychiatric Hospital)
Employer
BEFORE Richard Brown Vice Chair
FOR THE David Wright
GRIEVOR Counsel Ryder, Wright, Blair & Doyle Barristers & Solicitors
FOR THE David Strang
EMPLOYER Counsel, Legal Services Branch Management Board Secretariat
HEARING January 24, 2000
The parties have agreed to the issuance of a consent award, incorporating the terms of the settlement set out below:
MINUTES OF SETTLEMENT
The parties agree to following terms and conditions as settlement of the grievances filed January 14, 2000 (Hamilton Psychiatric Hospital) and January 28, 2000 (Brockville Psychiatric Hospital).
[1]. Within three weeks the employer will provide the Union with edited versions of the agreements between the Crown and St. Joseph’s Hospital and Royal Ottawa Health Care Group with the following editorial changes:
(a) delete article 4.02 from the Hamilton agreement;
(b) define seniority and service to each mean both seniority and service wherever they appear in the agreements;
[2]. In settlement of those portions of the two grievances relating to the transfer of files pursuant to Article 20 of the Transfer Agreements, the parties agree:
definition: “days” means Monday to Friday excluding statutory or institutional holidays;
personnel files:
a) within 60 days of the signing of this agreement
i) any employee who wishes to do so will, within the first 15 days after the signing of this agreement give written notice to the Human Resources Department at the psychiatric hospital of their desire to view their personnel file;
ii) the employer shall arrange an appointment to allow the employee to review the file with a human resources representative and, if requested by the employee, a union representative;
iii) the employee shall identify any document they wish to have removed from the file and such request shall be discussed.
b) failing resolution of any issue, the employee will have seven days to deliver a written objection and the employer shall deliver a response within 15 days.
c) Failing resolution of the issue at that stage, the matter will be referred to a mediation/arbitration which shall be conducted in accordance with Appendix 18, Article 4.2(f) to (k). The mediator/arbitrator shall be Richard Brown, provided he is reasonably available and, if not, the process under 4.2(9) shall be utilized.
- WSIB files:
a) all WSIB documents relating to employees in the possession of the employer shall be consolidated in single employee WSIB files which shall remain the property and in possession of the Ministry of Health and shall not be transferred.
- EMPLOYEE HEALTH FILES:
a) Any medical documents identified by an employee in their personnel file shall be moved to their employee health file, except WSIB documents, which will be moved to the WSIB file;
b) Employee health files shall remain in the custody of a regulated health professional (with responsibility for employee health) employed by the Ministry, who shall keep the file confidential, subject only to the written consent of the relevant employee;
c) Employees have the right to review their employee health file and request the removal or correction of any document on the file. The employer will accept the decision of the regulated health professional with custody of the file on the employee’s request;
d) The only medical documents which will be transferred will be those documents in the employee health files, which will only be transferred to the custody of a regulated health professional with responsibility for employee health, employed by the receiving employer.
- The parties agree that in the event it becomes apparent that transfer of governance will occur before this process can be completed, either party may apply to the arbitrator for adjustment of the time frames so as to permit an orderly completion of the process prior to the transfer.
[3]. The parties agree that the edited agreements which comply with paragraph 1 above meet the requirements in Appendix 18 for a transfer agreement between the Crown and that Hospital save and except that the parties may bring any disputes about the completeness and accuracy of Schedule A to each agreement before Vice-Chair Brown.
[4]. That parties agree that Vice-Chair Brown will remain seized with respect to these grievances and with respect to any future grievances relating to transfer agreements between the Crown and a public hospital respecting the transfer of a psychiatric hospital.
[5]. The parties agree to the GSB issuing a consent order incorporating the terms of this Agreement.
Dated at Toronto this 4th day of February, 2000.