HomeMy WebLinkAbout2016-2162.Murphy.18-03-07 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# 2016-2162
UNION# 2016-0234-0199
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Murphy) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Marilyn Nairn
Arbitrator
FOR THE UNION
Jennifer Micallef
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Benjamin Parry
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING March 7, 2018
-2-
INTERIM DECISION
[1] This grievance gives rise to a request for the accommodation of a disability. The
parties have engaged in some discussions but to date have not resolved the grievance.
The matter is scheduled to continue on May 1, 2018.
[2] In anticipation of the continuation of this matter and in order that the parties are
properly prepared to proceed to a hearing, I hereby direct as follows:
(a) The Union is hereby directed to provide full written particulars of the basis
of its claim that the grievor suffered and/or suffers from a disability, and was
thereby and continues to be entitled to be accommodated by the Employer. Those
written particulars are to be provided to the Employer and to the Board by no later
than Monday, March 26, 2018.
(b) The Union is further directed to produce to the Employer any and all
documentation in its possession and/or control that is arguably relevant to the
issues raised by this grievance by no later than Monday, March 26, 2018. It is
understood and expected that production will likely include medical documentation
relevant to the grievor’s asserted disability and to any restrictions and/or limitations
that may exist with respect to her ability to return to work. Any failure on the
grievor’s part to provide such medical documentation to the Union and thereafter
to the Employer may well result in the Union being unable to pursue and/or
establish the allegations made.
(c) By no later than Monday, April 16, 2018, the Employer is to respond in
writing to the Union, with a copy to the Board, setting out its position in response
to the grievance.
[3] Should further issues arise with respect to production from either party, or should
other pre-hearing issues arise, the parties are to immediately advise the Board in order
that a conference call may be convened to deal with those issues prior to the next
scheduled date. In any event, both parties will be expected to be in a position to proceed
to hearing and/or to engage in productive discussions on May 1, 2018.
Dated at Toronto, Ontario this 7th day of March, 2018.
“Marilyn Nairn”
__________________________
Marilyn Nairn, Arbitrator