GSB#2003-1881, 2010-1951, 2010-1952

UNION#2003-0999-0026, 2009-0999-0013, 2009-0999-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (O’Brien)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

David Wright Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

George Parris Ministry of Government Services Labour Practice Group Counsel

HEARING

June 9, 2011.

Decision

1The parties have agreed to the following order on consent:

A) The grievor shall execute the required releases permitting disclosure of the following:

a) All clinical notes, reports, tests, referrals and correspondence, including those between counsel (subject to privilege) from December 11,1998 to present in the files of the following professionals:

1. Dr. Dempsey,

2. Dr. Chander Lall,

3. Dr. Burley,

4. And any other medical practitioner, therapist, or counsellor not identified above.

b) The grievor’s Manulife file respecting her claim for long term disability from December 11, 1998 to the present.

B) Disclosure of all documents is subject to the following conditions:

1. Counsel for the Ministries will attend at the office for the Union to review the complete disclosure as ordered above.

2. If counsel cannot agree on the arguable relevance of any of the documents set to be disclosed, the issue shall be referred to the Board for resolution.

3. With regard to any document agreed upon or ordered to be arguably relevant, Counsel for the Ministries shall be provided with a single copy of the documents.

4. Counsel for the Ministries may show these copies to a single advisor from each Ministry. However, the advisors shall not be permitted to make or keep copies of any of these documents. Counsel for the Ministries shall retain all copies of these documents in his/her control, and shall only make copies of documents as is necessary for the purposes of production in the hearing.

5. All copies of said documents in possession of Counsel for the Ministries shall be returned to Counsel for the Union at the close of the preceding (including any judicial review).

6. Where either Counsel seeks a variation from the terms of this order, they shall bring a motion before the Board.

Decision

2The parties were unable to agree on the time frame for the request for the grievor’s medical documents. The employer sought disclosure back to December 11, 1998 to establish a baseline of the grievor’s health. The Union argued that the date should be December 11, 1999 since I have previously decided that I will hear evidence of the 2003 grievance on the merits back to December 11, 2000. He argued that one year should be sufficient. Having carefully considered the submissions here I have decided to allow disclosure of medical information from December 11, 1998 and I have inserted this date in the order above. I also note that as a result of my decision here, the Union may have a right to tender evidence within this time frame, if relevant. The Union also submitted that any medical documents tendered in evidence should be ordered sealed by the Board at the close of the proceedings. Both counsel agreed that this was within the powers of the Board. Therefore, I hereby order that any and all medical documents marked as exhibits in this case shall be sealed once the final decision is rendered and the case is completed. Counsel for the union shall request that the registrar seal the exhibits at the appropriate time.