GSB# 2019-0262; 2019-2186; 2019-2885
UNION# 2019-0252-0006; 2019-0252-0023; 2020-0252-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Coffin)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
David R. Williamson
Arbitrator
FOR THE UNION
Iliad Nazhad Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
George Parris Treasury Board Secretariat Legal Services Branch Counsel
HEARING
February 24, 2021
DECISION
1Following the submissions of the Parties in relation to the grievances brought forward by Mr. Coffin, and in the matter of the disclosure of the Grievor’s medical records, I hereby order the following:
A) The Grievor shall execute the required releases permitting disclosure of the following items:
All clinical notes, reports, tests, referrals and correspondence, for the period January 1, 2018 to December 31, 2020, relating to the Grievor’s facial hair and night-shift accommodations, in the files of any medical or health-care professional, including primary-care physicians, specialists, or treatment service providers.
B) The disclosure of the above documents is subject to the following conditions:
Counsel for the Union will first review the disclosure for the purpose of redacting any irrelevant medical information. If necessary, Counsel for the Ministry may inquire as to the general nature of why the redacted portions are not relevant.
Counsel for the Ministry shall be provided with a single copy of the documents.
Counsel for the Ministry may show these copies to no more than two of their Advisors, and the Advisors shall not be permitted to make or keep copies of any of these documents. Counsel for the Ministry shall retain all copies of these documents in his control and shall only make copies of documents as is necessary for the purposes of production in the Hearing.
Where either Counsel seeks a variation from the terms of this Order they shall bring a Motion before the Board.
Dated at Toronto, Ontario this 25th day of February, 2021.