Ontario Public Service Employees Union (Walsh-Gagnon) v. The Crown in Right of Ontario (Ministry of Labour), 2010 CanLII 45248

GSB#2008-3394, 2009-1599, 2009-1600, 2009-2202

UNION#2008-0154-0011, 2008-0154-0014, 2008-0154-0015, 2009-0154-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Walsh-Gagnon)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour)

Employer

BEFORE

M.V. Watters

Vice-Chair

FOR THE UNION

Mihad Fahmy Peggy Smith Barristers & Solicitors Counsel

FOR THE EMPLOYER

Cathy Phan Ministry of Government Services Legal Services Branch Counsel

HEARING

July 26, 2010.

Decision

1After considering the submissions of the parties, it is hereby ordered that the Employer provide the Union with disclosure of the following documents:

Any and all documents regarding the determination of an employee’s entitlement/qualification to receive L.T.I.P benefits and the determination of an employee’s “total disability”, including but not limited to the Employer’s contract with Manulife Financial and any side agreements, policies or memoranda of understanding regarding the same.

2I decline, at this time, to make an order for disclosures regarding the determination of an employee’s entitlement and continuing entitlement to receive rehabilitative employment benefits.