GSB#2017-0809

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Connell)

Association

• and –

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Paul Meier Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 23, 2018

Decision

1The grievances before me raise a number of issues. One relates to a request by the Employer that the Grievor have her doctor complete an Employee Health Information Form. The Employer made this request while the Grievor was in receipt of benefits under the Short Term Sickness Plan established by Article 37 of the collective agreement and after the Grievor had provided medical certificates. The Association takes the position Article 37 constitutes a complete code with respect to the medical information the Employer can request with respect to STSP benefits. In any event, the Association takes the position the reasons the Employer requested additional medical information lie within its knowledge and accordingly the Employer should proceed first with its evidence. The Employer disagrees. The parties agreed to address this dispute as a preliminary issue. They have requested a bottom line decision with reasons to follow.

2My decision is as follows:

(i) Article 37 does not constitute a complete code with respect to the medical information the Employer can request with respect to STSP benefits.

(ii) The Employer is to proceed first with its evidence.