HomeMy WebLinkAbout2018-1327.Ahmad.19-06-03 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#2018-1327; 2018-1375
UNION# 2018-5112-0093; 2018-5112-0099
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ahmad) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Mary Lou Tims Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Kevin Dorgan
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 30 and 31, 2019
- 2 -
Interim Decision
[1] Having heard the submissions of Counsel, I order the Union to produce to the
Employer no later than July 19, 2019, particulars of its allegations of harassment
and discrimination of the grievor by the Employer, as well as particulars of any
other allegations that the Union will raise against the Employer in these
proceedings where these are allegations which the Union will bear the onus of
proving.
[2] I further order the Union to seek to obtain the grievor’s medical records relating to
any health issues relied upon by the Union in these proceedings for a period
commencing three years prior to the grievor’s hire. Upon receipt of those records
by the Union, I order the Union to advise the Employer what records, if any, it
agrees to produce, and to produce to the Employer any such records. Any
disagreement between the parties regarding the adequacy of that which the
Union thereby produces to the Employer will be determined in accordance with
the process agreed to by the parties during the May 30, 2019 hearing.
[3] The hearing will continue as scheduled, and my jurisdiction in these matters is
retained.
Dated at Toronto, Ontario this 3rd day of June, 2019.
“Mary Lou Tims”
Mary Lou Tims, Arbitrator