HomeMy WebLinkAbout2017-2790.Tomkinson.20-09-11 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# 2017-2790
UNION# 2017-0234-0217
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tomkinson) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Gordon F. Luborsky
Arbitrator
FOR THE UNION
Georgina Watts
Morrison Watts
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 10, 2020 (by videoconference)
-2-
DECISION
[1] The parties agreed at the outset of the hearing into this matter that I was properly
appointed with jurisdiction to adjudicate this dispute.
[2] I was advised that the grievance alleges that the Employer failed to provide a safe
workplace for the Grievor, Ms. Marlena Tomkinson, who is employed as a Correctional
Officer, during an incident at the Vanier Centre for Woman, located in Milton, Ontario.
[3] After engaging in discussions with the parties for most of the hearing day, the
matter did not resolve. In order to facilitate the hearing which is anticipated to require
several days of testimony and argument, I issued the following procedural rulings:
(a) The matter is remitted to the Registrar to set down a hearing continuation date;
(b) Prior to the continuation date, the Union will provide to the Employer particulars
of the specific days claimed by the Grievor for lost sick days arising out of her
alleged injuries;
(c) Prior to continuation, the Union will also provide to the Employer particulars of
all hours that are claimed for Compensatory Time Off (“CTO”) or its equivalent
arising out of appropriate treatment for the alleged injuries;
(d) The Union will provide information to the Employer in response to its request
for particulars of the specific breaches of the collective agreement and/or
occupational health and safety legislation (or any other statute) alleged to have
been violated by the Employer. If the information provided is unsatisfactory to
the Employer, the parties are to schedule a conference telephone call with me
at least two (2) weeks prior to the hearing date to resolve the issue or for
appropriate instructions; and
(e) If there are any preliminary objections to be raised at the outset of the hearing
by either party, they are to be identified to the other party and to me at least
two (2) weeks in advance of the hearing continuation date.
[4] The matter is accordingly remitted to the Registrar to schedule a continuation date
in the usual course.
-3-
[5] I shall remain seized to resolve any issues respecting the interpretation and/or
implementation of the foregoing directions.
Dated at Toronto, Ontario this 11th day of September, 2020.
“Gordon F. Luborsky”
______________________
Gordon F. Luborsky, Arbitrator