GSB#2022-2527

UNION#2022-0313-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rawson)

Union

• and -

The Crown in Right of Ontario (Ministry of Health)

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Sarah Mikhaiel Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Regina Wong Treasury Board Secretariat Legal Services Branch Counsel

Decision

1The Union has requested disclosure of documents and recordings, which include a recording and documents associated with two 911 calls for service on May 10, 2021.

2The parties agree that the third-party information, including health information, related to the two 911 calls are relevant to the proceedings before me, and I hereby order that they should be produced as part of this proceeding.

3The production of the third-party information is subject to the following conditions:

a) The confidentiality of these recordings and documents shall be maintained;

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

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

d) Subject to the terms below, the recordings and 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.

4The 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.