HomeMy WebLinkAbout2022-8631.Bahadur.24-10-21 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# 2022-8631; 2023-03409
UNION# 2022-0526-0028; 2024-0526-0003
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
Senior Grievance Officer
FOR THE EMPLOYER Maria-Kristina Ascenzi
Treasury Board Secretariat
Labour Practice Group
Counsel
HEARING October 17, 2024
- 2 -
Decision
[1] I have two grievances before me. The two grievances overlap and have been
consolidated. The second grievance relates in part to a Forensic Investigation
Team (“FIT”) investigation into certain conduct of the Grievor.
[2] On or about March 6, 2024, in response to a request by the Employer, the Grievor
provided a medical indicating that she was unable to participate in the FIT
investigation. On September 5, 2024, the Employer requested an updated
medical which would address the Grievor’s ability to participate in the FIT
investigation and also her ability to participate in these proceedings. The Grievor
provided a further medical dated September 18, 2024, which stated in part the
Grievor has “complex mental health issues and I am not the best qualified to
complete the questionnaire”.
[3] The Union seeks production of certain documents, some of which relate to the FIT
investigation. Most recently, by letter dated September 26, 2024, the Union
requested production of additional documents by the Employer. The Employer
has produced some documents but resists production of the remaining documents
pending the outcome of the FIT investigation. The Employer also seeks to have
these proceedings adjourned pending the outcome of that investigation.
[4] Having heard the representations of the parties, I make the following orders.
a) To the extent that the documents requested by Union’s September 26,
2024 letter do not relate to the FIT investigation, and the Employer does
not otherwise object to producing them, the Employer is directed to
produce those documents to the Union forthwith.
b) These proceedings are otherwise adjourned sine die until:
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1. The Grievor provides fresh medical indicating that
she is able to participate in the FIT investigation
and a reasonable amount of time has
subsequently passed to allow for the completion of
the FIT investigation;
2. The Employer otherwise completes the FIT
investigation; or
3. There is otherwise a material change in
circumstances.
Dated at Toronto, Ontario this 21st day of October 2024.
“Ian Anderson”
Ian Anderson, Arbitrator