GSB#2007-2778, 2008-1078, 2008-1079, 2008-1080, 2008-1089, 2008-2145, 2008-2977

UNION#2007-0135-0025, 2008-0135-0018, 2008-0135-0019, 2008-0135-0020, 2008-0135-0022,

2008-0135-0026, 2008-0135-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lavallee)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

M.V. Watters

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers & Solicitors

FOR THE EMPLOYER

Suneel Bahal Ministry of Government Services Counsel

HEARING

March 19, 2009.

Decision

1I have a grievance before me from a former correctional officer at the Windsor Jail alleging that he was terminated without just cause. Counsel addressed a disclosure issue at the hearing of March 19, 2009, relating to the production of what can be characterized generally as medical documentation. After entertaining submissions on the issue, I have determined that the Union’s request for a production order is appropriate in the circumstances. Accordingly, I direct the Employer to provide to counsel for the Union any medical documentation under its care and control relating to the Scott Preston incident.