HomeMy WebLinkAbout2013-2473.Fortin.14-04-24 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2013-2473, 2013-2618
UNION#2013-0599-0023, 2013-0599-0024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fortin) Union
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Gordon F. Luborsky Vice-Chair
FOR THE UNION Lesley Gilchrist
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Omar Shahab
Ministry of Government Services
Legal Services Branch
Counsel
HEARING April 11, 2014
- 2 -
Decision
[1] The parties agree that I have been properly appointed to adjudicate two grievances
alleging that the Grievor was harassed and that the Employer failed to reasonably
accommodate her alleged disability, in violation of the collective agreement and/or
applicable legislation.
[2] At the first day of proceedings into these matters the parties attempted with my assistance
to resolve the grievances, but without success.
[3] The parties have nevertheless agreed upon a “protocol” for the efficient hearing of these
grievances.
[4] Consequently, on the consent of the parties, the Board hereby orders that:
(a) The Union is to provide particulars and disclosure to the Employer at least 60 days
before the next scheduled hearing date in this matter;
(b) The Employer is to provide any outstanding disclosure and identify preliminary
issues at least 30 days before the next scheduled hearing date; and
(c) The Board will schedule six (6) hearing dates that the parties anticipate will be
necessary to complete these grievances, with the second of those six days not to be
scheduled less than six (6) weeks after the first hearing date.
[5] In the event there are any preliminary issues identified under paragraph 3(b) of the
foregoing protocol, the parties are to contact the Registrar to schedule a telephone
conference with me as soon as possible prior to the first hearing date to determine (a)
whether the preliminary matter(s) can be disposed of by telephone; and (b) if so, to
dispose of the matter(s) at that time.
[6] These grievances are otherwise remitted to the Registrar for scheduling in consultation
with the parties in accordance with paragraph 3(c) above.
[7] I shall remain seized.
Dated at Toronto this 24th day of April 2014
Gordon F. Luborsky, Vice-Chair