GSB# 2020-1788; 2021-3325

UNION# 2020-0290-0021; 2022-0290-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Thibideau)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Kathleen G. O’Neil

Arbitrator

FOR THE UNION

Jorge Hurtado Morrison Watts Hurtado & Buchner Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch

HEARING

March 6, 2024

Decision

PRODUCTION ORDER

1Subject to the comments below, the employer will produce the following documents to counsel for the Union by the end of business on April 5, 2024:

• Copies of any and all notes of Roopesh Vaghela, Luciene Allen and other management officials involved in return-to-work meetings between April 2021 and August 2022;

• Copies of correspondence between management (including but not limited to the managers Roopesh Vaghela and Luciene Allen) and the Grievor, management and WSIB and management with any external service provider related to efforts related to the Grievor’s return to work from March 2020 until present;

• Copies of any and all arguably applicable training materials including manuals, documents, policies and written protocols for the YSO position in 2021 and 2022.

2All documents produced pursuant to this order or otherwise are subject to the following restrictions respecting confidentiality and nondisclosure:

All documents produced between the parties are to be used only for the purposes of the resolution of the grievances.

Given the sensitive nature of medical records, the medical records already released must be used only for the purpose of resolving the grievance, and must be distributed only to those who have a real need to consult them for that purpose, unless otherwise agreed by counsel for the parties. The medical information contained in the documents disclosed for the purposes of this arbitration shall be disclosed subject to the obligation of any person who receives it to keep it confidential as appropriate for medical and personal information. I rely on counsel for the parties to communicate these conditions to those to whom the documents or information are disclosed.

3I remain seized to deal with any difficulties in respect of the implementation of the above.