HomeMy WebLinkAbout2016-2701.Cousins.18-04-06 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# 2016-2701
UNION# 2017-0377-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cousins) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE
David Williamson
Arbitrator
FOR THE UNION
Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Adrienne Couto
Liquor Control Board of Ontario
Counsel
HEARING April 6, 2018
-2-
DECISION
[1] On a without prejudice or precedent basis, Union counsel shall provide to
Employer counsel medical documentation from her treating health care
professional(s) setting out the following information:
a) Confirmation that the writer is the Grievor’s treating health care
professional and how long they have been treating the Grievor;
b) Confirmation that the Grievor was unable to attend the scheduled hearing
of April 6, 2018, due to a medical condition;
c) The nature of the medical condition that prevented the Grievor from
attending (diagnosis need not be provided);
d) The anticipated date that the Grievor will be able to attend a hearing and,
if applicable, any accommodation she may require in order to attend.
[2] Union counsel shall provide the above-noted documentation to Employer counsel
three (3) weeks from the date of this Order, subject to any extension the Board
may grant should it deem reasonable and appropriate to do so.
[3] The hearing shall be adjourned sine die, pending receipt of such documentation
and without prejudice to any position the Union or the Employer may take with
respect to the Grievor’s failure to attend the hearing of April 6, 2018. The
Employer specifically reserves the right to request, following receipt and review
of the documentation, or in the event that documentation is not provided in
accordance with the criteria set out above, that the grievance be dismissed
and/or to argue that these periods of adjournment resulting from the Grievor’s
non-attendance be taken into account with respect to remedy should any liability
be established.
Dated at Toronto, Ontario this 6th day of April, 2018.
“David Williamson”
______________________
David Williamson, Arbitrator