HomeMy WebLinkAboutDi Domenico 03-03-03 IN THE MATTER OF AN ARBITRATION
BETWEEN:
CENTENNIAL COLLEGE
-AND-
O.P.S.E.U.
(GRIEVANCES OF G. DI DOMENICO)
255902, 255903, 255905 SUPPORT
Before: Susan Tacon, Chair
Pamela Munt-Madill, Union Nominee
Elma Lobo, Employer Nominee
Appearances:
For the Union: George Richards, Senior Grievance Officer
For the Employer: Timothy Liznick, Counsel
THIS MATTER WAS HEARD IN TORONTO ON FEBRUARY 28, 2003
INTERIM RULING
This interim ruling addresses the requested adjournment of the heatings in these grievances which
were scheduled for March 3 and 4, 2003. The request is grounded on the inability of the grievor,
G. Di Domenico, to appear at the hearing for medical reasons, as indicated in a note from her
physicm.
There was some urgency in dealing with the adjournment issue in advance of the scheduled dates
for hearing. Clearly, if the adjournment was warranted, the convening of the panel and the parties
would be unnecessary and associated costs avoided. Consequently, a telephone conference call
was arranged, amongst George Richards (union representative), Timothy Lizaxick (employer
counsel) and Susan Tacon (chair of the arbitration board), on Friday, February 28, 2003. The
parties agreed that the question of the adjournment be determined by the chair in the absence of
the nominees, given the time lines.
During the conference call, the parties addressed the issue and their respective positions. Having
regard to their submissions, I granted the adjournment on the following conditions.
1. The adjournment is granted sine die for one year from the date of this interim ruling but
may be scheduled for hearing within that time frame if the grievor's medical condition
permits.
2. Mr. Richards and Mr. Liznick are to exchange particulars, beginning with Mr. Richards
forwarding the union's particulars, as soon as possible.
3. Mr. Richards is to obtain detailed medical reports from the grievor's physician regarding
her medical condition and prognosis. The first report is to be obtained forthwith and
successive reports at three month intervals thereatter so as to provide an ongoing
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understanding of the grievor's medical condition and prognosis. The grievor is directed to
provide to Mr. Richards an waiver permitting such information to be released. The
reports are to be provided solely to Mr. Liznick, on a strictly confidential basis.
4. After the sixth-month report, Mr. Richards and Mr. Liznick are to discuss reconvening the
hearing at or about the one year mark of the adjournment. The panel is to be canvassed as
to suitable dates and a hearing date(s) is (are) to be scheduled.
5. This adjournmem is without prejudice to the positions the parties may take in this matter
when the hearing is reconvened in accordance with item 4.
Mr. Richards and Mr. Liznick agreed to consult one another with respect to issues which may
emerge during the period of the adjournmem. If necessary, a further conference call may be
arranged with the chair of the arbitration board.
DATED this March 3, 2003
Susan Tacon, Chair