GSB#2011-0165, 2011-3707

UNION# 2010-0528-0037, 2011-0528-0023

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grievor)

Union

• and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Chris Donovan Dewart Gleason LLP Barristers and Solicitors

FOR THE EMPLOYER

Susan Munn Ministry of Government Services Labour Practice Group Counsel

HEARING

March 4, 2013.

Decision

Having regard to the submissions of the parties, I hereby direct as follows:

1The Union and the grievor are ordered to produce copies of the clinical notes and records that are currently in their possession of Dr. R. L., Dr. G. A., Dr. B. T., and any other health practitioner that has arguably relevant records as described in paragraph 2.

2The scope of this production order is limited to such documents that are arguably relevant to the assessment and treatment of the Grievor with regard to his request for accommodation, and the effect of the Employer’s actions on his mental health.

3The documents may be reviewed by Kent Schramm, Head of the Corporate Security Branch and Justin O’Gorman, Employee Relations Advisor or their replacements, for the purposes of providing the Employer’s lawyers with instructions.

4The documents may also be reviewed by any medical expert retained by the Employer to provide any opinion to the Employer for the purposes of this hearing.

5The documents are to be used solely for the purposes of these proceedings.

6Counsel for the Employer 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.