IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ross)

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

Laura Johnson Ontario Public Service Employees Union Grievance Office

FOR THE EMPLOYER

Susan Munn Ministry of Government Services Labour Practice Group Counsel

HEARING

March 10, 2011.

Decision

This matter came on for hearing on March 10, 2011. Having heard the submissions of the parties, the Board hereby orders as follows:

Dr. L. Teape-Himphrey, 100 Pertosa Drive, Unit 104, Brampton, Ontario, is to produce copies of her clinical notes and records from July 4, 2009 to October 22, 2009, pertaining to the assessment and treatment of Donnis Ross relating to injuries suffered in a motor vehicle accident on July 4, 2009;
The aforementioned documents are to be produced to counsel for OPSEU, Laura Johnson, who is to provide copies of any of the documents that are arguably relevant to counsel for the MTO, Susan Munn;
The documents may be reviewed by Judy Taggart, Manager, Driver Improvement Office, MTO and Lisa Rawlings, Employee Relations Advisor, MGS or their replacements and any medical expert retained by the MTO for the purpose of providing any opinion to the MTO for the purposes of this hearing;
The documents are to be used solely for the purposes of these proceedings. At the end of the litigation, all copies of the documents are to be returned to counsel for OPSEU, who will dispose of them as instructed by the grievor, save and except that counsel for the MTO may retain one copy of any of the documents entered as exhibits in these proceedings. Such copy is to be retained securely in the litigation file.

Dated at Toronto this 4^th day of April 2011