GSB#1994-0232

UNION#94D367

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sidhu)

Union

• and -

The Crown in Right of Ontario (Ministry of Agriculture, Food and Rural Affairs)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Brian Loewen Ministry of Government Services Counsel

HEARING

April 6, 2010.

Decision

1The union has provided the employer with medical reports upon which it may rely in these proceedings.

2The employer has indicated that, should the union be seeking to rely on these reports, the physician who prepared them ought to be made available for cross-examination. In addition, the physician’s clinical notes in respect of the grievor, for the period October 2007 to the present, as well as any other documents upon which the physician relied in preparing his reports of November 2007 and March 15, 2010 ought to be produced in advance of the hearing.

3In the circumstances, should the union intend to rely on these reports, it is hereby directed to facilitate the attendance of the physician for cross-examination and the production of the notes and documents referred to above.

4Once the parties have resolved any procedural and scheduling issues associated with or arising from the foregoing, they should contact the Registrar for the purpose of fixing a continuation date for the hearing in this case.