GSB# 2005-2520, 2005-2695, 2006-0296, 2006-2263
UNION# 2005-0107-0005, 2005-0107-0006, 2006-0107-0001, 2006-0107-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Lischynski)
Union
- and -
The Crown in Right of Ontario (Ministry of Transportation)
Employer
BEFORE
Michael V. Watters
Vice-Chair
FOR THE UNION
Ed Holmes Counsel Ryder Wright Blair & Holmes LLP
FOR THE EMPLOYER
Janice Campbell Counsel Ministry of Government Services
CONFERENCE CALL
March 27, 2007.
Decision
A Conference Call was held between the parties and this Vice-Chair on March 27, 2007. The issue addressed therein was the extent of medical information to be provided by the grievor’s personal doctor to two (2) other doctors for purposes of independent medical examinations.
The position of the Union was that any medical information supplied should postdate the grievor’s promotion to a classified position in 2001. In response, the position of the Employer was that the provision of medical information should commence with the grievor’s assumption of an unclassified position in 1998. Counsel for the parties made submissions in support of their respective positions.
After considering the submissions, I ordered that medical information to be provided to the doctors conducting the independent medical examinations should commence with the grievor’s assumption of an unclassified position in 1998.
It was agreed between the parties that the reports generated by the independent medical examinations would, initially, only be disseminated to counsel for the Union, counsel for the Employer, Mr. Greg Lee, Staff Relations, and the local Human Resources representative responsible for the grievor’s file. It was further agreed that another Conference Call would be scheduled in an expeditious fashion if any additional issues arise in respect of the circulation or distribution of confidential medical information resulting from the independent medical examination process.
Dated at Toronto, Ontario this 30th day of March 2007.