GSB# 2013-2349; 2013-2350; 2013-2351

UNION# 2013-0579-0034; 2013-0579-0035; 2013-0579-0036

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grievor)

Union

• and -

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

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Katherine Ferreira Koskie Minsky LLP Counsel

FOR THE EMPLOYER

George Parris Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 7, 2018

Decision

Having heard the submissions of the parties I hereby order:

1The Grievor shall obtain a copy of her complete medical file from The Centre for Addiction and Mental Health ("CAMH") and produce it to counsel for the Union. In turn, counsel for the Union will produce the file (to the extent that it is arguably relevant to the grievances) to counsel for the Ministry.

2Disclosure of all documents as part of the instant order is subject to the following conditions:

a. Counsel for the Ministry may only disclose the documents to its key advisor(s) with respect to the grievances and no more than is necessary to prepare for litigation. The advisor(s) shall not be permitted to make or keep copies of the documents. Any other further dissemination of the relevant parts of the documents shall occur on a "need to know basis" to support potential responding evidence by the Ministry, including the possibility of its referral for expert assessment and testimony, all of which is conditional upon the deemed undertaking of all recipients of the medical information that the documentation will be kept confidential and only used for purposes of the instant grievance proceedings.

b. Counsel for the Ministry shall retain all copies of the documents in his or her control, in a secure location, and shall only make copies of the documents as is necessary for the purpose of production in the hearing.

c. At the conclusion of the proceeding (including any judicial review), counsel for the Ministry may retain one copy of the documents for his or her records. All other copies of the documents in the possession of counsel for the Ministry shall be destroyed.