GSB# 2019-2782; 2020-0778; 2020-1183; 2021-1056; 2022-10703

UNION# 2019-0221-0004; 2020-0221-0003; 2019-0221-0005; 2021-0221-0002; 2021-0221-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Overdevest et al)

Union

• and -

The Crown in Right of Ontario (Public and Business Service Delivery and Procurement)

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Robert Healey Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 8, 2024

Decision

1I have before me a number of grievances filed on behalf of Ms. K. Overdevest. We are at the stage in the proceeding where the Employer is calling its evidence. This decision addresses motions made by counsel at a hearing on October 8, 2024. Given that the next hearing date will soon be upon us, and consistent with what I had advised counsel at the hearing, I will address the matters before me succinctly.

2During cross-examination of Ms. J. Mereweather, Union counsel initiated a line of questioning concerning the medical impact on Ms. Mereweather’s mental health as a result of the Grievor’s alleged conduct. After Ms. Mereweather indicated that she had consulted a doctor, she was asked if she had obtained a diagnosis. It was at this point that Employer counsel objected to this question on the basis of relevance. On the next day of hearing, counsel made extensive submissions on whether Union counsel should be permitted to ask the witness questions about her medical circumstances. Having considered these submissions, I am satisfied that the medical impact on Ms. Mereweather’s mental health of the Grievor’s alleged conduct is not relevant to any of the issues in dispute in this case. Therefore, Union counsel will not be permitted to pursue this line of questioning with the witness. It follows from this ruling that the Union’s request for the disclosure of medical records relating to Ms. Mereweather’s mental health is denied. Such records would not have any relevance to the issues in dispute in this proceeding.

3As set out in Union counsel’s email dated September 4, 2024, the Union requested the further production of documents, consisting primarily of emails that are generally identified in points 1 to 8 in counsel’s email. The Employer took the position that the material requested by the Union is not arguably relevant and constitutes a fishing expedition. Having considered the submissions on this issue, I have not been convinced that the items requested by the Union are arguably relevant to the issues in dispute. I therefore decline to order the disclosure of the material set out in points 1 to 8 of Union counsel’s email.

4The hearing of Ms. Overdevest’s grievances will continue on October 22, 2024.