Ontario Public Service Employees Union (Warling) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2013 CanLII 74179

GSB#2010-1825

UNION#2010-0517-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Warling)

Union

• and -

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

Employer

BEFORE

Brian M. Keller

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Omar Shahab Ministry of Government Services Legal Services Branch Counsel

CONFERENCE CALL

October 16, 2013

Decision

1This matter has been the subject of a previous Board decision, written communication to the parties, and four conference calls with counsel. This decision is to provide direction for how this matter is to proceed.

2The Board is satisfied that it has the necessary authority and, therefore, can and will address the various issues raised in the grievance, all of which fall under the general heading of confidentiality with respect to how the ASMPP is interpreted and administered and how medical records are sought, maintained and used both corporately and within the various institutions.

3This general heading of confidentiality includes, but is not limited to, how and by whom employees are notified that they are on the program and its various steps: where meetings related to the ASMPP should be held: where and how medical records of individual employees are kept, maintained and stored: who has or should have access to those records: for what purpose may the records be used and by whom: what information regarding accommodation may be requested, and by whom: how and where information regarding accommodation is kept, maintained and stored: who has or should have access to that information.

4In view of the above, the employer is not required to respond to the 31 questions as requested of it in the most recent conference call. Another conference call will be scheduled with counsel to determine how this matter will move forward from this point.