HomeMy WebLinkAbout2023-01450.Miller.24-10-16 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2023-01450
UNION# 2023-0468-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Miller) Union
- and -
The Crown in Right of Ontario
(Ministry of Public and Business Service Delivery) Employer
BEFORE Michael Lynk Arbitrator
FOR THE UNION Ali Mesbahian
Unified LLP
Counsel
FOR THE EMPLOYER Jordanna Lewis
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING October 11, 2024
- 2 -
Decision
WHEREAS a grievance was filed by the Union on July 17, 2023. The grievance concerns
the Employer’s alleged violation of its duty to accommodate the Grievor by, among other
things, permanently changing the status of the Grievor’s employment from full-time to
part-time effective February 6, 2023;
AND WHEREAS Arbitrator Michael Lynk was appointed to hear this matter;
AND WHEREAS on July 19, 2024, the Union requested production of all seemingly
relevant documents in the Employer’s possession;
AND WHEREAS on August 19, 2024 the Employer produced some documents in its
possession to the Union;
AND WHEREAS on August 22, 2024, the Union advised the Employer that it required
further production of all seemingly relevant documents prior to the commencement of a
hearing in this matter;
WHEREAS on August 27, 2024, Employer counsel has indicated that the documents
would be furnished in the following week;
AND WHEREAS the Employer has not produced any further documents to date;
AND WHEREAS a conference call was held on October 11, 2024, relating to the Union’s
request for further production;
AND WHEREAS the hearing of this matter is scheduled to resume on October 25,
2024;
The following order is made:
[1] The Employer shall provide to the Union all documents in the
possession, power or control of the Employer which are arguably or
seemingly relevant or have a semblance of relevance to the
Employer’s decision to change the Grievor’s employment to part-
time status. These documents include but are not limited to
notes, letters, reports, statements, emails, memoranda,
investigation files and any relevant documents whatsoever
pertaining to:
- 3 -
a. All records of “next step” meetings and other follow-
up communications referenced in the Health
Information Summaries;
b. Any and all email correspondence and meeting
notes between management, HRA and the DAS
relating to the Grievor’s accommodation and
employment status;
c. The Grievor’s personnel file; and
d. Any and all documents the Employer seeks to rely
upon.
[2] The production in reference to paragraph 1. is to be made by no
later than October 18, 2024.
[3] This order does not prejudice the Union’s right to request further
production as needed.
Dated at Toronto, Ontario this 16th day of October 2024.
“Michael Lynk”
Michael Lynk, Arbitrator