GSB#2013-0597
UNION#13-32
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Canadian Union of Public Employees - Local 1750 (Goulet)
Union
- and -
The Crown in Right of Ontario (Workplace Safety and Insurance Board)
Employer
BEFORE
Joseph D. Carrier
Vice-Chair
FOR THE UNION
Fred Ho Canadian Union of Public Employees – Local 1750 National Representative
FOR THE EMPLOYER
Eric Kupka Workplace Safety and Insurance Board Counsel
HEARING
November 6, 2014
Decision
1Official openings in the matter of Ms. Goulet’s complaints that she was treated unjustly, harassed and discriminated against in her work with the WSIB were presented in part on November 6, 2014.
2Amongst other things it was the Grievor’s position that, as a result of her mistreatment in the workplace, she has suffered emotional and mental injury and or that an existing disability of that nature has been aggravated. In support of that position Mr. Ho, for the Union, and, on her behalf, sought to rely on a series of medical notes and reports relevant to Ms. Goulet’s mental health.
3For the Employer, Mr. Kupka, took the position that, since Ms. Goulet’s mental state had been put directly in issue by her and the Union, all medical information relating to the Grievor’s mental health during the period in issue was relevant to these proceedings.
4Having heard and considered the submissions of Counsel I was satisfied that the Production Order requested by the Employer was warranted.
5I therefore confirm my Order as follows:
The Grievor shall provide her consent for the release to the Union of the clinical notes and records of all physicians and therapists seen by the Grievor, relating to the Grievor’s mental health status and/or condition and to the effects on her mental health of her pregnancy in 2013, for the period from January 2004 until the present.
The Union shall disclose the documents referred in paragraph 1 to Counsel for the Employer prior to December 31, 2014.
Counsel shall communicate and agree, in so far as possible, as to which, if any, such material is relevant and admissible.
Any dispute between Counsel concerning #3 above may be referred to me for resolution.
Any copying costs charged for the production of the documents referred to in paragraph 1 shall be shared equally by the Union and the Employer.
Dated at Toronto, Ontario this 19th day of November 2014.