GSB#2015-0353

UNION#2015-0678-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Turpin)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Nini Jones Paliare Roland Rosenberg Rothstein LLP Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 28, 2015

Decision

1I direct the Employer to provide the following documents to Union counsel on or before October 31, 2015:

• Any medical documentation/health care records under its care and control, (including but not limited to treatment plans, progress notes, orders, and MAR) regarding inmate “JH” in respect of the incident of August 21, 2014;

• in respect of the incidents of August 26th, 2014, any medical documentation/ health care records: (including but not limited to treatment plans, progress notes, orders, and MAR) regarding the following inmates:

Greg L

Ron F

Jordon M

Tyler A

William E

Laurie H

Hazel G

2The production of documents by the Employer in this proceeding is subject to the following conditions:

• The confidentiality of these documents shall be maintained;

• Neither the documents nor their contents shall be disseminated or discussed with anyone outside of this arbitration process;

• The documents shall not be put to any use outside of this arbitration process;

• Subject to what is set out below, the documents shall not be copied, but for copies that are required for the Vice Chair, counsel, the employer’s advisors, or a witness during the hearing;

• Union counsel may provide a copy to the grievor for the purposes of this case, however, the conditions of production apply to him and at the end of this case he must return his copy to Union counsel, who will return that copy to the Employer or destroy that copy and confirm that it has been destroyed;

3The only copies to remain at the conclusion of arbitration are the copies in the possession of the Board and one (1) copy which is to remain in the care and control of counsel for the Employer.

4The production directions in this decision are without prejudice to any position that either party may take in respect of future production requests if and as they arise.