GSB# 2022-8631

UNION# 2022-0526-0028

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bahadur)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Robin Lostracco Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Maria-Kristina Ascenzi Treasury Board Secretariat Labour Practice Group Counsel

HEARING

March 25, 2024

Decision

1Having regard to the representations of the parties, all medical records produced by the Union are subject to the following confidentiality order:

(a) The parties to the arbitration are directed:

(i) to comply with the following directions;

(ii) to direct their agents, officers, employees and counsel comply with the following directions; and

(iii) to obtain the agreement of any third party to whom they might properly give any of the documents that such third party shall comply with the following directions.

(b) With respect to the use of the medical records produced for inspection by the Grievor, all parties are directed to follow these requirements:

(iv) all documents are to be kept confidential as among the parties;

(v) no copies are to be made of any document except for the purpose of the arbitration of this grievance;

(vi) no copies are to be circulated to third parties, except as necessary for the conduct of the arbitration of this grievance, and once that purpose has been completed the copies are to be retrieved from the third parties;

(vii) Counsel for the Employer may only share a copy of the Grievor’s medical records with one instructing client and an ERA;

(viii) the documents are to be used for the purposes of this arbitration only and for no other or improper purpose;

(ix) all copies of all documents are to be destroyed or returned to the provider of the documents at the conclusion of this arbitration and any judicial review proceedings arising out of the arbitration, save for one copy to be retained by each counsel in their file.