GSB# 2012-3101

UNION# 2012-0549-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lee)

Union

• and -

The Crown in Right of Ontario (Ontario Science Centre)

Employer

BEFORE

Mary Lou Tims

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Senior Counsel

Decision

1By the authority vested in me, I hereby order the production of the grievor’s complete medical records, including those in the possession of the Grievor’s physicians’, Hospitals, or Long Term Disability carrier, for the period from January 1, 2004 to the present (hereinafter ”confidential documents”) subject to the following conditions:

[i] The Grievor’s medical records as described above and the information in them may be shared by the Employer counsel only with the employer’s advisors for the purpose of obtaining instructions or preparation for the hearing. The employers’ advisors may not share the documents or the information in the documents with anyone else, without the consent of Union counsel or by order of the Board. They may not make copies of those documents. When the proceedings are completed they will return all copies to Employer counsel and she will either destroy them or put them in a place to which only she or her successors as counsel for the Employer will have access. Employer counsel will advise Union counsel when this has been done.

[ii] Notwithstanding paragraph 3, the Employer is entitled to review the confidential documents and the information in them that it has received from the Union with the employer’s witnesses, provided that doing so is strictly necessary for the purposes of preparing witness testimony, and that the documents and information shared is conducted solely on a need-to-know basis. The terms listed in paragraph 3 with respect to the sharing and copying of documents, and with respect to the ultimate disposal of the documents, apply equally to the directions in this paragraph.

[iii] Union counsel will endeavour to provide Employer counsel with a list of documents he intends to introduce in evidence. All such documents may be discussed with those with whom Employer needs to consult in preparation of the case. Once the documents are introduced as evidence they will be treated as public documents, subject the general practice in proceedings before the Board of protecting the Grievor’s privacy as far as reasonably possible in the circumstances.