HomeMy WebLinkAbout2002-2536.Moreau.06-11-28 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
Nj
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Ontario
GSB# 2002-2536,2002-2537
UNION# 2002-0582-0073,2002-0582-0070
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Moreau)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Nelson Roland
Barrister and Solicitor
Len Hatzis
Counsel
Ministry of Government Services
November 20,2006.
Union
Employer
Vice-Chair
2
Decision
At the last hearing date, March 8, 2006, after much pre-hearing process, the grievor began to
provide evidence in this matter. The grievor has medical problems, which will be addressed
below. During his examination in chief, he was asked at least three times - by union counsel
Nelson Roland, by his wife who was present, and by me - whether he felt well enough to
continue with his testimony. Each time he stated he was capable of continuing and wanted to
finish his evidence. The grievor was given every consideration with respect to his medical
condition throughout the day, and that it was his own choice to continue.
During the evening of March 8, I received an unsigned fax purporting to be from the local union
president, Robert Samsone, advising that Mr. Moreau was "taken to the hospital" and would not
be available to continue the hearing on March 9,2006 as previously scheduled.
The hearing was subsequently re-scheduled to continue on November 20,2006.
On my arrival at the hearing on November 20, 2006, I was provided with a copy of a letter from
the grievor addressed to Mr. Roland, indicating that he was still not capable of continuing with
his testimony due to his health, but that it would also be detrimental to his health not to continue
the hearing. In the letter, he requested that Michael McKinnon be called as a witness. However,
union counsel advised me that the union did not intend to call Mr. McKinnon. Therefore, the
only issue before the Board was whether or not to continue with Mr. Moreau's evidence.
Clearly it would not have been appropriate to continue with Mr. Moreau's evidence, given his
medical condition. The most recent medical note, from the grievor's family physician Dr. G.M.
Gaffney, states the following:
"To whom it may concern:
This man suffers from significant mental illness. Stress leads to dangerous blood
pressure levels. Any attempt to accommodate him is greatly appreciated.
Dr. Greg Gaffney"
3
No accommodations are specified by Dr. Gaffney. The grievor has, as stated above, sent a letter
to union counsel indicating that he cannot continue his testimony but wants the hearing to
continue. Given the grievor's apparent inability to monitor and assess his own health, as
demonstrated at the March 8 hearing, it is not clear to me that he is well enough to continue with
the hearing, even if there were other witnesses the union intended to call. As a result, it is my
view that the hearing should be adjourned until the union can provide the Board with medical
documentation satisfactory to the Board that the grievor is medically capable of proceeding.
Therefore, I am ordering that the hearing be rescheduled to a mutually agreeable date. The union
is required to provide the Board with medical documentation satisfactory to the Board, at most
45 days, but not less than 10 days in advance of the hearing date, that the grievor is capable of
proceeding with the hearing.
Dated at Toronto this 28th day of November 2006.
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