GSB#2010-0054, 2010-0056
UNION# 2010-0378-0014; 2010-0378-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Salmon)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Janice Johnston
Vice-Chair
FOR THE UNION
Richard Blair Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Jodi Gallagher Healy Hicks Morley Hamilton Stewart Storie LLP Counsel
HEARING
October 29, 2013
Decision
1Mr. Albert Salmon, the grievor in this case, is claiming that he has been discriminated against by his employer. To facilitate the adjudication of this matter it is necessary that medical information pertaining to the grievor’s medical history be disclosed.
2Accordingly, I hereby direct the parties to exchange any medical documentation in their possession pertaining to the grievor’s Workplace Safety and Insurance Board files, including but not limited to health information and medical documentation, in claim numbers #25273347, #25150004, #18754198, in the arbitration before the Grievance Settlement Board (GSB# 2010-0054) and any other matters should they be consolidated with GSB#2010-0054.
3I also hereby direct Dr. Thomas S. Ying, Dr. Winston L. Heslop and Dr. Phebe-Jane Poole to provide copies of their complete medical records/files relating to the grievor for the period January, 2008 to the date of this award to counsel for the union as soon as possible. Upon receipt of these records counsel for the union shall review them and provide copies, as appropriate, as expeditiously as possible to counsel for the employer.
4The information in these documents and medical records will be used solely for the purpose of these arbitrations and will not be used for any other purpose in any other forum, and on the understanding that any documents in these files will be disclosed only as necessary in the litigation and only to such persons as are necessary for the conduct of the litigation.
5At the conclusion of the litigation (including matters arising directly out of GSB#2010-0054 and any related matters), these documents will only be retained by persons other than the grievor as required by law and any retained copies will be further disclosed only as necessary arising directly from the matters before the Grievance Settlement Board in the above noted GSB file(s), and disclosed only to such persons as are strictly necessary.
Dated at Toronto, this 29th day of October 2013.