HomeMy WebLinkAbout2017-2936.Bremner.20-03-05 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# 2017-2936; 2018-2950
UNION# 2017-0205-0034; 2018-0205-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bremner) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION Lauren Tarasuk
Koskie Minsky LLP
Counsel
FOR THE EMPLOYER Daria Vodova
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCE March 5, 2020
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Preliminary Decision
[1] There are two grievances filed on behalf of Kathie Bremner that remain before
the Board for arbitration. A grievance dated June 1, 2017 alleges that the
Employer failed to support the grievor’s return to work despite her ongoing efforts
to make such arrangements beginning on October 31, 2016. The second
grievance, dated November 27, 2018, alleges that the Employer has unjustly and
without just cause terminated the grievor’s employment.
[2] This decision addresses the Employer’s preliminary motion that certain
paragraphs of the Union’s particulars, provided to the Employer by a letter dated
January 8, 2020, be struck, or, in the alternative, that more particulars and
documents be provided with respect to certain paragraphs of the letter.
[3] The Union also raised its’ objections regarding the breadth of the Employer’s
production requests in two regards: regarding the work that the Grievor had
been doing from 2007 to the date of termination from employment; and regarding
the Grievor’s medical records from 2007 to the date of her termination from
employment. These issues are also addressed in this decision.
[4] The parties made submissions on a conference call held on March 5, 2020. In
the interest of time, as the next day of hearing is scheduled for March 18, 2020,
the parties agreed that my rulings should be issued without reasons. My rulings
and directions are as follows:
1. Paragraphs 3, 4, 5, and 6 of the January 8, 2020 letter are hereby struck.
2. Paragraph 13 – I have reserved on this paragraph until the Union has provided
the Employer with any and all documents relating to this paragraph, as well as
any further particulars relating to this allegation, should there be any.
3. Paragraph 14 – I decline the Employer’s request to strike this paragraph.
4. Paragraph 15 - I have reserved on this paragraph until the Union has provided
the Employer with any and all documents relating to this paragraph, as well as
any further particulars relating to this allegation, should there be any.
5. Paragraph 17 - I have reserved on this paragraph until the Union has provided
the Employer with any and all documents relating to this paragraph, as well as
any further particulars relating to this allegation, should there be any.
6. Paragraph 18 – This paragraph is struck.
7. Paragraph 42 - I have reserved on this paragraph until the Union has provided
the Employer with any and all documents relating to this paragraph, as well as
any further particulars relating to this allegation, should there be any.
8. With respect to the Employer’s request for production of records showing the
Grievor’s work, I decline to order such production from 2007 on. The Grievor is
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however required to produce any such records from 2014 to the date of
termination of employment.
9. With respect to the Employer’s request for production of the Grievor’s medical
records from 2007 on, I decline to order such production. However, the Grievor
is required to produce any such records from 2013 to the date of termination of
employment.
10. The Union is ordered to provide all relevant production and any further particulars
to the Employer by March 12, 2020. In the event that it does not do so, in the
absence of agreement, reasonable excuse, or extenuating circumstances, the
Union may be precluded from relying on such documents and particulars.
[5] I remain seized.
Dated at Toronto, Ontario this 5th day of March, 2020.
“Gail Misra”
Gail Misra, Arbitrator