GSB#2010-1563

UNION#2010-0521-0069

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (O’Reilly)

Union

• and -

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

Employer

BEFORE

M.B. Keller

Vice-Chair

FOR THE UNION

Laurie Sabourin, Frank Inglis, Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Sean Milloy, Victoria Fichtenbaum Ministry of Government Services Employee Relations Division Staff Relations Officers

HEARING

October 13, 2010, October 14, 2010.

Decision

1The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievance in this case relates to an allegation that the employer has divulged confidential information of the grievor.

3It is clear that the general ledger proposition is that the medical information relating to am employee is confidential.

4In this case the grievor, who requires accommodation states that her accommodation needs were disclosed to other COs. There is factual dispute about whether there was a need to disclose the information for operational needs. In any event, even if the allegation was proved, I would only issue a declaration based on the facts of the case. To assist the parties in future, I add the following:

1. If the release of the information was for bona fide operational needs, the employer would be within its right to do so. Conversely, if there was no operational requirement no disclosure can be made.

2. If there were operational requirements, (i.e.) required for the health and safety of the employee, co-workers or inmates, the disclosure must be limited to those who have a need for the information and further limited to the minimum disclosure needed to meet the operational requirement.