HomeMy WebLinkAbout2014-2911.Primo.18-07-12 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# 2014-2911
UNION# 2014-5112-0108
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Primo) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Gail Misra
Arbitrator
FOR THE UNION
Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Regina Wong
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 12, 2018
-2-
PRELIMINARY DECISION
[1] In general accordance with the Board’s direction of January 4, 2018, the Union
has produced to the Employer the arguably relevant medical documents that it
has in its possession and control. As well, in accordance with the parties’
agreement, the Union has provided a “Will Say” statement for the Grievor.
[2] It had been expected that the hearing into this grievance would commence on
July 12, 2018. However, as counsel for the Employer was unable to attend due
to illness, the parties engaged with the Arbitrator in discussions to further
streamline the litigation. I was advised that, due to counsel’s absence, the
Employer had not yet provided to the Union all arguably relevant documents, but
was going to provide some production to the Union at the hearing.
[3] In order to ensure that there are no further delays before the litigation of this
grievance may commence on the next hearing date of September 24, 2018, I
hereby direct as follows:
1. On or before August 13, 2018, the Employer will advise the Union and the
Board whether it intends to make any preliminary motions, and will outline
the nature of those motions.
2. Should the Employer so advise the Union and the Board, the parties will
jointly advise the Board by August 14, 2018 whether the Board should
convene a conference call to address any preliminary motions on one of
August 16, 2018 at 4:30 p.m. or September 4, 2018 at 4 p.m. Should the
parties be unable to agree, the Board will peremptorily schedule the
conference call.
3. On or before September 7, 2018 the Employer is to produce to the Union
all arguably relevant documents upon which it intends to rely in this
proceeding.
[4] In addition to the above, counsel for the Employer noted that the Employer had
not received clinical notes from one of the Grievor’s medical service providers.
Counsel for the Union advised that the clinical notes had been requested, but he
will follow up on this matter again, and will advise the Employer whether such
notes are available. Counsel for the Employer will advise the Union as soon as
possible after that date whether the Employer will require the Union to make any
of the Grievor’s doctors available at the hearing.
-3-
[5] Should any other procedural matters arise before September 24, 2018, the
parties are directed to so advise the Board so that efforts may be made to
address them in a timely manner to ensure, to the extent possible, that this
matter is ready for hearing at the next scheduled date.
[6] I remain seized.
Dated at Toronto, Ontario this 12th day of July, 2018.
“Gail Misra”
______________________
Gail Misra, Arbitrator