Ontario Public Service Employees Union (Ven) v. The Crown in Right of Ontario (Ministry of Attorney General), 2015 CanLII 60436

GSB#2012-3769

UNION#2012-0302-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ven)

Union

• and -

The Crown in Right of Ontario (Ministry of Attorney General)

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Chris Donovan Dewart Gleason LLP Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel

CONFERENCE CALL

August 28, 2015

Decision

Having heard the submissions of the parties, I hereby order as follows:

1The Union and the grievor are ordered to produce copies of all documents that are arguably relevant to the issues in dispute in this grievance, and that are not privileged.

2This order includes non-privileged clinical notes and records that are current in the union and the grievor’s possession or control and that are arguably relevant to the assessment and treatment of the grievor with regard to her request for accommodation, her allegations of harassment, and the effect of the Employer’s alleged actions on her physical and mental health.

3The documents produced may be shared with the Employee Relations Advisor assigned to this grievance, Anne Weber (operations Manager, Criminal Law Division), Cheryl Barr (Regional Manager, Criminal Law Division), and a representative at the Centre for Employee Health and Safety and Wellness, solely for the purpose 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 this proceeding. The contents of the documents shall not be disclosed to any other person without agreement from the Union or leave of the Board, subject to such documents being entered as an exhibit in this proceeding.

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. All copies provided to the individuals referred to in paragraph 3 will be destroyed at the end of these proceedings.