GSB# 2021-0231; 2021-0232

UNION# 2021-0678-0003; 2021-0678-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mangone et al)

Union

• and -

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

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

HEARING DATE

June 2, 2022

Decision

1The matter before me concerns the termination of employment of two Correctional Officers. During the testimony in chief of an Employer witness, an issue arose regarding the production of an inmate’s health care record. Given my view that at least some of the information contained therein is at least arguably relevant in this proceeding, I orally directed that the Employer produce the relevant features of the inmate’s health care record to Union counsel. This decision serves to confirm the oral direction. Therefore, the Employer is directed to produce to Union counsel the relevant features of the health care record on file at the institution for inmate no. 1000351018 as soon as possible. Union counsel shall not provide others with a copy of this health care record and it shall be used by him only for the purposes of this proceeding. This direction is based on a recognition that Employer counsel will review the relevant health care record first to make an assessment of what matters contained therein have some arguable relevance to this proceeding.