GSB# 2021-0864; 2021-2995; 2021-3151;

2022-10698; 2022-11972

Union # 2021-0504-0002; 2021-0504-0004; 2021-0504-0007;

2022-0504-0004; 2022-0504-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Dickson)

Union

• and -

The Crown in Right of Ontario

(Ministry of Health)

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Laura Johnson

Ryder Wright Holmes Bryden Nam LLP

Counsel

FOR THE EMPLOYER

Debra Kyle

Treasury Board Secretariat

Legal Services Branch

Counsel

HEARING

May 9, 2025

Decision

1This hearing was adjourned on May 9, 2025. However, Counsel requested to meet with me, which I did on May 9, 2025, to discuss ongoing requests for exchange of production in order to prepare for the next hearing date on June 12, 2025.

2During our discussion, Employer Counsel agreed that she anticipates that she will be able, by May 16, 2025, to provide the Union the following files related to the Grievor: WDHP, Disability Accomodation and the Corporate Medical file. Should Counsel not be able to provide all or some of this disclosure by May 16, 2025 she is required to advise Union Counsel in order to work out a timely disclosure schedule. Should the Parties not be able to come to an agreement on a final date for the Employer’s production of the files referred to above, they will arrange a conference call with me for case management purposes.

3Union Counsel has also agreed, by May 16, 2025, to provide disclosure to the Employer of the Grievor’s medical file covering the period of time between September 2020 to December 2022. In order ensure and retain privacy for the Grievor, the following restrictions will apply to how her medical file and clinical notes and records (the “File”) shall be used in this proceeding:

1. The File will only be released to Employer Counsel and her instructing advisors and to any witnesses who may be called to testify about the File in the hearing who shall be subject to the conditions set out below.

2. The File must be maintained as confidential at all times including during and after the conclusion of the proceedings.

3. The File must not be disclosed to any person or party who is not a participant in these proceedings.

4. The File can only be used for purposes relating to this proceeding and not for any other purpose or proceeding.

5. The File shall only be copied for purposes relating to this proceeding and any medical documentation produced and, in the Employer’s possession, shall be returned to the Union or destroyed at the conclusion of the proceeding.

4The next hearing date is June 12, 2025. Counsel will be in contact with the Grievance Settlement Board to advise of additional mutual dates that are required for the hearing.