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IN THE MATTER OF AN ARBITRATION
Under
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THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
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Before
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THE GRIEVANCE SETTLEMENT BOARD
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BETWEEN
Ontario Public Service Employees Union
(Bernardo)
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## Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services)
Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Robert Healey
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER
Katherine Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
February 9, 2023
## Decision
[1] The Board is seized with five grievances filed by Mr. Jason Bernardo, who was employed as a Recreation Officer at the Donald Doucette Youth Centre. This included grievances filed in 2018 that the employer failed to accommodate him.
[2] At the hearing on February 09, 2023, the Board dealt with a number of case management issues, including the appropriate scope of production of medical records the employer was entitled to. The parties made representations on that issue.
[3] I have considered the employer’s position that it needed the grievor’s complete medical record in order to properly present its case and the grievor’s concern about broad disclosure of his personal and confidential health information. Both are legitimate positions. In balancing those competing interests of the respective parties, I order as follows:
(a) The union is ordered to produce to the employer, as soon as possible, all medical records that in its view substantiate medical/health restrictions he was under at the time the grievor sought accommodation in 2018. This would include any and all medical notes and letters, clinical notes of the grievor’s doctors, as well as other medical health professionals, that relate to the accommodation .
(b) The employer will have the right to seek orders from the Board for production by the union of further and/or more fulsome medical documentation, upon receipt of full particulars from the union, and relating to issues that may come up from the evidence, viva voce or documentary, tendered at the hearing.
[4] This proceeding will continue as scheduled by the Registrar. I remain seized.
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Dated at Toronto, Ontario this 15^th^ day of February 2023.
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minicounsel