GSB# 2023-00889; 2023-00890

UNION# 22-09; 23-17

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Canadian Union of Public Employees - Local 1750 (Folami)

Union

• and -

The Crown in Right of Ontario (Workplace Safety and Insurance Board)

Employer

BEFORE

Kim Bernhardt

Arbitrator

FOR THE UNION

Ryan Culpepper Canadian Union of Public Employees - Local 1750 National Representative

FOR THE EMPLOYER

Jozef Hadlaw-Murray Shields O’Donnell MacKillop LLP Counsel

HEARING

November 8, 2023

Decision

After discussions with the parties the following orders are made to advance this proceeding:

1By Friday, November 10, 2023, the Employer is to provide the Union (attention to John Wilson, National Representative):

• A consent form for Ms. Folami to sign and provide to all her medical provider’s outlining that they are to provide their complete medical files regarding Ms. Folami for the period starting January 1, 2022 to the present by January 12, 2024. The form is to outline the purpose of the request, and the confidentiality protocols to protect the information. The consent form will direct the medical providers to forward their files directly to Union and to Mr. Hadlaw-Murray, the Employer’s legal counsel.

2The Employer has confirmed that they are prepared to provide Ms. Folami with a letter confirming her employment dates, position, and key duties. The Employer will provide the letter to the Union no later than Friday, November 17, 2023.

3By Friday, December 8, 2023 the Employer is to produce the following to the Union:

• The current and complete copy of Ms. Folami’s human resources file;

• A copy of the 2023 incident report when Ms. Folami experienced a panic attack at the workplace, should this report not be included in her human resources file.

4The Employer is also to confirm to the Union, by Friday, December 8, 2023, Ms. Folami’s reporting relationship for the period prior to her leaving the workplace in 2023.

5By Friday, December 8, 2023 Ms. Folami is to provide Mr. Hadlaw-Murray and Mr. Wilson with a copy of her signed consent form (provided by Mr. Hadlaw- Murray, as outlined in paragraph 1) and proof that she has sent the form to all of her medical providers (such as any emails sent with the form attached, or signed courier slips indicating that the form was delivered and who signed for the receipt of the form). Should Ms. Folami not sign, send, or produce the proof that the form has been signed and sent to her medical providers by deadline, the grievances will have to be withdrawn as they cannot proceed without the necessary medical evidence.

6If the medical provider/s have not sent their medical records by January 12, 2024, having received Ms. Folami’s signed consent form, the Employer’s and/or Union’s representatives can contact the (undersigned) arbitrator to subpoena the medical records from any non-compliant medical provider/s.

7By Friday, November 10, 2023 the Union is to send confirmation to the Employer that the February 6, 2023 “Wellness grievance” #23-11 has been formally withdrawn from the GSB’s files.

8Should the medical records be received as directed and this matter continues, the Employer requests that the Union send them particulars regarding the two failure to accommodate grievances (of February 18, 2022 #22-09 and May 19, 2023 #23-17), as well as documents regarding Ms. Folami’s mitigation efforts.