GSB#2019-2628

UNION#2020-5112-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Frater)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Tatiana Wacyk

Arbitrator

FOR THE UNION

Jane Zhang Dewart Gleason LLP Counsel

FOR THE EMPLOYER

Julia Evans Treasury Board Secretariat Legal Services Branch Counsel

Decision

1I direct the Employer to forthwith produce to Union counsel, the following documents:

a. The Health Care File of inmate JS and the Health Care File Review contained within the Employer’s investigation into the 2015 death of inmate JS.

b. The Health Care File of inmate ZZ and the Health Care File Review contained within the Employer’s investigation file into the 2016 death of inmate ZZ.

c. The names of the patients; their Health Card Numbers and any other identifying information, shall be redacted before being provided. The individuals shall be referred to by the above initials.

2The production of the health care records set out in paragraph 1, by the Employer in this proceeding, is subject to the following conditions:

a. The confidentiality of these documents shall be maintained;

b. Neither the documents nor their contents shall be disseminated or discussed with anyone outside of this arbitration process;

c. The documents shall not be put to any use outside of this arbitration process;

d. Subject to the terms below, the documents shall not be copied, but for copies that are required for the Arbitrator, counsel, the employer’s advisors, or a witness during the hearing;

e. Union counsel may provide a copy to the Grievor for the purposes of this case, however, the conditions of production apply to her and at the end of this case she must return her copy to Union counsel, who will return that copy to the Employer or destroy that copy and confirm that it has been destroyed;

f. The only copies to remain at the conclusion of the arbitration are the copies in the possession of the Board and one (1) copy, which is to remain in the care and control of counsel for the Employer.

3The production directions in this decision are without prejudice to any position that either party may take in respect of future production requests if and as they arise.