GSB# 2019-2137

UNION# 2019-0248-0031

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 the Solicitor General)

Employer

BEFORE

David R. Williamson

Arbitrator

FOR THE UNION

Mae J. Nam Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 27, 2020 (by teleconference call)

Decision

1Counsel for the Parties met with the Arbitrator on May 27, 2020 by way of a telephone conference call to address matters pertaining to the handling of the Grievor’s medical records and the matter of the Union’s request to have the Grievor’s anonymity preserved in written Decisions. At issue is the discipline imposed on the Grievor that gave rise to the filing of the grievance.

2This will record that in the course of this May 27, 2020 conference call the Parties reached agreement that the identity of the Grievor is to not be disclosed in this document. However, the Employer reserves its right to challenge such anonymization on any related decisions at a later time.

3The Employer has made a request for disclosure of the Grievor’s medical records. The Union seeks to have the production of those records limited to those items that are arguably relevant, and to those that fall inside a specified recent time period. The Union also seeks to have certain conditions placed on the handling of such records.

4Having heard the submissions of the parties in regards to the issue of disclosure of the Grievor’s medical records the following Order is hereby made.

5The Union is hereby ordered to disclose and produce to the Employer ahead of our next scheduled hearing date of June 10, 2020, and by no later than June 5, 2020, any and all arguably relevant recent medical documents pertaining to the Grievor’s medical condition. These arguably relevant medical documents are those that pertain to the Grievor’s medical condition or medical treatment during the time period of twelve months prior to the Grievor’s termination of employment on October 21, 2019. For greater clarity these arguably relevant medical documents are those that pertain to the Grievor’s mental condition, mental treatment, or diagnosis of mental health.

6Any and all of the foregoing relevant documents related to the Grievor’s medical condition, treatment or diagnosis, are to be produced with the following limitations and restrictions attached:

(a) The documents or material will only be released to Employer counsel for this grievance proceeding, and to two advisors (one Employee Relations Advisor and one instructing client).

(b) The documents or material produced must be maintained as confidential.

(c) The documents or material produced must not be disclosed to any person or party who is not a participant in this proceeding.

(d) The documents or material produced can only be used for purposes relating to this proceeding and not for any other purpose or proceeding.

(e) Documents or material produced shall only be photocopied for purposes related to this instant proceeding.