HomeMy WebLinkAbout2016-0473.Di Matteo.20-07-22 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# 2016-0473; 2016-1897; 2016-2205; 2017-0263; 2017-0264
UNION# 2016-0504-0007; 2016-0504-0008;
2016-0504-0010; 2017-0504-0001; 2017-0504-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Di Matteo) Union
- and -
The Crown in Right of Ontario
(Ministry of Health) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Henry Huang
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 22, 2020 (via videoconference)
- 2 -
Decision
[1] At today’s hearing in this matter I gave the following oral direction to the parties:
After hearing the submissions of counsel I hereby direct the parties as
follows:
1. Counsel are directed to confer and agree upon a letter to be sent as
soon as possible to the Grievor’s family Doctor and a letter to be sent to
the Specialist seen by the Grievor on July 16, 2020. If the parties are
unable to agree on the questions to be asked or the content of the letters I
will remain seized to assist them if necessary.
2. Once there is agreement on the letters they are to be sent to me via
email. I will then do an order directing the Doctor’s to respond to the
questions and issues raised in the letters and append the letters to the
order. The Doctor’s response to the letter shall be sent to union counsel.
3. Upon receipt of the responses from the two Doctors I will confer with
Counsel to determine the appropriate next steps in this case. The
employer has specifically requested that it be afforded the opportunity to
make submissions as to whether or not the grievances should be
dismissed. I agree with this request and will grant both parties the right to
make submissions as to whether or not the grievances should be
dismissed.
Dated at Toronto, Ontario this 22nd day of July, 2020.
“Janice Johnston”
Janice Johnston, Arbitrator