GSB# 2004-4000, 2005-0251
UNION# 2005-0302-0003, 2005-0302-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Edwards)
Union
- and -
The Crown in Right of Ontario (Ministry of Health and Long-Term Care)
Employer
BEFORE
Randi H. Abramsky
Vice-Chair
FOR THE UNION
David Wright Ryder Wright Blair & Holmes LLP Barristers and Solicitors
FOR THE EMPLOYER
Fateh Salim Counsel Ministry of Government Services
HEARING
October 24, 2005.
Order
Following my last order, directing a witness, Mr. Donald Edwards, to comply with the summons of the Grievance Settlement Board, Mr. Edwards did appear before the Board at the next hearing date. He brought with him a substantial number of documents. However, a dispute arose over certain requests for documents listed in the summons.
At the hearing on October 24, 2005, I heard submissions by counsel for the Employer, counsel for the Union and from Mr. Edwards, on his own behalf, regarding the disputed items. Having heard the submissions and considering the issues in this arbitration, I make the following ORDER, based on my conclusion that such documents are “arguably relevant” to the issues in dispute:
Mr. Edwards is to produce the call records that he has in his possession for the period 2002 and 2003. He is to do a further search for hard or computer records which would reveal the nature of the calls (i.e., location of pick up and drop off) for the period 1996 to 2003. Any such records produced shall have the names of the clients blacked out.
As counsel for the Employer stated at the hearing, the documents produced shall only be used for the purposes of this litigation, and will be either destroyed or returned to Mr. Edwards at the conclusion of this case.
Mr. Edwards shall produce any documents which show the ownership of MedStat Emergency Medical and Transfer Services, for the period 1996 to 2003.
Mr. Edwards shall produce a list of employees of MedStat Emergency Medical and Transfer Services for the period 1996 to 2003.
These documents are to be produced on or before the next day of hearing, November 16, 2005.
Issued at Toronto this 25th day of October, 2005.