HomeMy WebLinkAbout2021-0546.Belanger.22-02-25 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB#2021-0546
UNION# 2021-0424-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Belanger) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Maria Kristina Ascenzi
Treasury Board Secretariat
Labour Practice Group
Counsel
HEARING February 22, 2022
(Conference call via Zoom)
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Decision
[1] The Board seized with a discipline grievance filed by Mr. Pierre Belanger
(“grievor”). The grievance was scheduled to be heard on January 6, 2022, but
was adjourned on consent. The Board was informed that the adjournment was
agreed to at the request of the grievor, who had informed that he was not able to
attend the hearing since his father was scheduled to undergo surgery on the
scheduled hearing date. The employer’s agreement to adjourn was conditional
on the union’s undertaking that some documentary evidence will be produced to
confirm that the grievor’s father had surgery scheduled on January 6, 2022.
[2] At the conference call held at the employer’s request, the Board was advised that
the union had not provided any evidence in compliance with the undertaking.
Union counsel advised the Board that the grievor had informed that he is not able
to get documentation about the surgery appointment.
[3] Employer counsel requested that the Board issue an order that the grievor and
the union produce the documentary evidence in question. Citing Re Kay, GSB
2019-1164 (Flaherty), she reserved the right to bring a motion that the grievance
be dismissed if the Board order is not complied with.
[4] I have concluded that it is appropriate to issue the requested order. The grievance
is now re-scheduled to be heard on May 26, 2022. In the circumstances the Board
orders as follows:
(a) The grievor and the union shall, no later than April 14, 2022, produce
to employer counsel documentary evidence confirming that the
grievor’s father was scheduled to undergo surgery on January 6, 2022.
Any other information in the document(s) deemed confidential or
irrelevant by the union may be redacted before submission to
employer counsel.
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(b) If the order in (a) above is not complied with, the union shall provide to
employer counsel no later than April 22, 2022, particulars as to the
reason for non-compliance, together with any supporting
documentation.
(c) The employer shall, no later than May 6, 2022, provide notice to the
union of any motion (s) it will be raising at the hearing on May 26, 2022.
[5] This proceeding will continue on May 26, 2022. The Board remains seized.
Dated at Toronto, Ontario this 25th day of February 2022.
“Nimal Dissanayake”
________________________
Nimal Dissanayake, Arbitrator