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HomeMy WebLinkAbout2003-0247.Lauzon.06-02-03 Decision Crown Employees Commission de Nj Grievance Settlement reglement des griefs Board des employes de la Couronne ~ Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2003-0247 UNION# 2003-0701-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Lauzon) Union - and - The Crown In RIght of Ontano (Mimstry of Health and Long-Term Care) Employer BEFORE Loretta Mikus Vice-Chair FOR THE UNION Mary MackInnon Barnster and SOlICItor FOR THE EMPLOYER George Parns Counsel Mimstry of Government ServIces WRITTEN December 12,2005 and SUBMISSIONS January 11 2006 2 DeCISIon The gnevor GIlles Lauzon, filed a gnevance allegIng the Employer had faIled to accommodate hIS return to work. An attempt was made to medIate a settlement, whIch was unsuccessful ThIS prelImInary motIOn was brought by the Umon seekIng an order that the Employer proceed first when the heanng resumes Ms MacKInnon, counsel for the Umon, took the posItIOn that the Employer IS In possessIOn of the relevant InfOrmatIOn pertaInIng to the reasons It has faIled to accommodate the gnevor and, In the Interests of efficIency and brevIty It ought to proceed first wIth that eVIdence Mr Parns, counsel for the Employer does not take Issue WIth that proposItIOn In general but submItted that, In thIS case, there are facts In dIspute and, before the Issue of accommodatIOn can be addressed, these facts must be heard and decIded. HavIng consIdered the wntten submIssIOn and the cases relIed on by the partIes I agree wIth the Employer's posItIOn. WhIle the arbItral Junsprudence favours an approach that wIll allow the eVIdence to be adduced In the most efficIent and expedIent manner by requmng, In some cIrcumstances, the party wIth the partIcular knowledge of the facts to present those facts first, that only results where there IS no dIspute about the essentIal elements of the facts gIVIng nse to the gnevance In thIS case there IS an Issue about the nature and extent of the dIsabIlIty that IS WIthIn the knowledge of the gnevor As well, It IS the posItIOn of the Employer that It had accommodated the gnevor who chose to leave the workplace and there IS a dIspute between the partIes concernIng that Issue It IS the gnevor who has knowledge of the facts leadIng to that decIsIOn that the accommodatIOn was Inadequate It IS for the gnevor and the Umon to provIde that InformatIOn. It IS therefore the order of the Board that the Umon proceed first to call eVIdence on the ments of the gnevance Dated thIS 3rd day of February 2006 Vice-Chair