GSB#2016-1338

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

The Crown in Right of Ontario (Treasury Board Secretariat)

Employer

BEFORE

Felicity D. Briggs Vice-Chair

FOR THE UNION

Robin Lostracco Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Roslyn Baichoo Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 8, 2016

Decision

1In accordance with the Terms of Reference signed by the parties in July 20, 1999, a hearing was held to litigate the denial of LTIP benefits for Ms. L.K.

2Prior to the commencement of the hearing the parties agreed to attempt mediation. During that process it became apparent that there are medical documents that have not yet been shared with Manulife or the Employer.

3The parties agreed that the medical documents in possession of the Union and certain other medical information is to be provided to Manulife prior to our next day of hearing.

4Accordingly, I order the Union to provide to Manulife - within a reasonable period of time – the twenty-one faxed pages in its possession at our hearing date and any other medical information not previously disclosed including clinical notes of Dr. B and Dr. M. for the period up to February 2015.

5The Union is to keep the Board and the Employer informed as to when the information has been sent to Manulife.

6The matter will be sent back to the Joint Insurance Benefits Review Committee.

7It is to be noted that the Employer reserved the right to argue about what weight, if any, should be accorded to this new medical information.

8I remain seized.