HomeMy WebLinkAbout2015-1734.Pouli.17-10-27 Decision
Crown 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# 2015-1734
UNION# 2015-5112-0158
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pouli) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Tatiana Wacyk Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Jonathan Rabinovitch
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCE October 27, 2017
2
Decision
[1] More than one year ago, on September 6, 2016, I directed the Union to produce to
the Employer, the following:
1. The complete files of any and all of the Grievor's treating physicians,
including but not limited to Dr. Lee-Anne Somersall, Dr. Paula Molnar,
and any professional at the outpatient program at Credit Valley Hospital,
from May 2014 to the present. This includes all notes, charts, emails,
memoranda, letters or any other documentation pertaining to the Grievor.
2. All notes, emails, memoranda, letters or any other documentation
pertaining to the Greivor's application (if any) for Long Term Income
Protection benefits; any notes, emails, memoranda, letters or any other
documentation pertaining to the Grievor's application (if any) for Canada
Pension Plan disability benefits, including any appeals thereof; and any
notes, emails, memoranda, letters or any other documentation pertaining
to the Grievor's claim(s) under the Workplace Safety & Insurance Act.
[2] Although the documentation was to be provided forthwith, the production order has
not been complied with as of today’s date.
[3] In my earlier decision of June 1, 2017, in this matter, I noted the parties had
tentatively agreed to an additional hearing date to address additional issues of
production, and that the Union was requesting another four days be set in anticipation of
this matter proceeding to hearing.
[4] The Employer resisted setting any additional hearing dates until my production order
of September 6, 2016 was complied with.
[5] While I directed the parties to set four additional hearing dates, I also indicated the
production order must be satisfied by no later than September 29, 2017, failing which, in
the absence of extraordinary circumstances, the additional four hearing dates would be
cancelled.
[6] The Union failed to comply with my production order of September 6, 2016 by
September 29, 2017, and all further hearing dates between the parties were cancelled.
[7] On October 27, 2017, via teleconference, Counsel for the Union requested another
date be set to address other issues of production. This was resisted by Counsel for the
Employer, in light of the Union’s non-compliance with my September 6, 2016 production
order.
DIRECTION:
[8] The Union has had more than a year to comply with my September 6, 2016
production order, and has failed to do so.
3
[9] Accordingly, the Registrar is directed to set this matter down for one day of hearing,
to deal with the Union’s failure to comply with my production order of September 6,
2016.
[10] Counsel are directed to come prepared to make submissions as to the appropriate
consequences of that failure.
Dated at Toronto, Ontario this 27th day of October 2017.
“Tatiana Wacyk”
Tatiana Wacyk, Arbitrator