GSB# 2018-2983; 2018-3149; 2019-0060; 2019-0540; 2019-0541; 2019-0542; 2019-0597; 2019-0598

UNION# 2018-0585-0023; 2018-0585-0026; 2019-0585-0001; 2019-0585-0004; 2019-0585-0005; 2019-0585-0006; 2019-0585-0007; 2019-0585-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ramsook-Lall)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour, Training and Skills Development)

Employer

BEFORE

David R. Williamson Arbitrator

FOR THE UNION

Manprit Singh Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Counsel

HEARING

April 15, 2021

DECISION

1A hearing was held on April 15, 2021, in relation to eight grievances of Indira Ramsook-Lall.

2Having heard the submissions of the parties in regards to the issue of disclosure and production of documents the following Order is hereby made to reflect the agreement of the parties.

3On or before April 30, 2021, the Union shall deliver to Counsel for the Employer its written particulars of the factual allegations on which it relies. The Employer shall have the right to raise any and all preliminary arguments, including but not limited to timeliness and jurisdiction, of any of the facts and/or allegations on which the Union relies in its particulars.

4On or before May 31, 2021, the Union and the Grievor shall produce all arguably relevant documents in their possession and provide them to Counsel for the Employer.

5On or before June 30, 2021, the Union and the Grievor are to provide all arguably relevant medical documents to Counsel for the Employer. These documents are to include clinical notes, records, and reports from all treating practitioners during the relevant time periods. In the event there are redactions to any of the medical documents produced, the Union and the Grievor will provide also one un-redacted copy of the medical records solely for Employer Counsel review for purposes of raising any challenges to the Union’s redactions.

6The Employer shall make best efforts to produce to the Union the documents it has requested on or before June 30, 2021, or to the extent the Employer objects to producing a document in whole or in part, briefly state its reasons for each such objection. At the same time, the Employer shall also give the Union notice of any preliminary issues it intends to raise.

7The disclosure of all medical documentation in this proceeding is subject to the following conditions:

1. Counsel for the Employer may share documents in the Grievor’s medical file, and/or information in the documents, with the instructing client (including the instructing Employee Relations Advisor) and one Disability Accommodation Specialist for the purposes of obtaining instructions and/or preparation for the hearing.
2. Counsel for the Employer may share documents in the Grievor’s medical file, and/or information in the documents, with any witness to the extent necessary for preparing witness testimony. Employer Counsel will advise the Union in advance as to the witnesses with whom they intend to share the documents.
3. The individuals referred to in (a) and (b) above, namely the Employee Relations Advisor, the Disability Accommodation Specialist, and Witnesses, may not share any document in the Grievor’s medical file or information contained therein with anyone else.
4. Counsel for the Employer may not share any documents in the Grievor’s medical file or information contained therein with anyone other than the instructing client, the Employee Relations Advisor, the Disability Accommodation Specialist, and any Witness, without consent from the Union or an order from the Board.
5. Any individual with access to this medical information pursuant to this Order must treat the information as confidential.
6. No copies are to be made of any document except for the purpose of the arbitration of these grievances.
7. The documents are to be used for the purposes of this arbitration only and for no other or improper purpose.
8. All copies of said documents in the possession of the Parties shall be permanently and securely destroyed at the close of the proceeding (including any judicial review), with the exception of a single copy for each Counsel’s file. Once the documents have been destroyed, Employer Counsel will confirm such with Union Counsel, who will, in turn, provide the Grievor with written confirmation of same.
9. The Employer reserves the right to challenge any medical evidence, including by cross-examination of any relevant medical practitioners.

8In the event the Union and/or the Grievor fail to meet the timelines set out above with respect to particulars and/or production of documents, the Employer reserves the right to bring a motion that the grievances be dismissed.

9On or before May 31, 2021, the Union shall advise the Employer whether the grievance dated April 9, 2021, and/or any subsequent grievance(s) filed on behalf of the Grievor, is to be listed with the matters currently before the Board. If any such grievance is to be listed with the current matters, the Union shall provide particulars and production related to this grievance by no later than May 31, 2021. This Order does not have the effect of waiving any procedural time limits in respect of this grievance.

10And it is so Ordered.