HomeMy WebLinkAbout2020-0775.Burgess.22-04-08 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# 2020-0775; 2020-0776
UNION# 2019-0468-0014; 2019-0468-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Burgess) Union
- and -
The Crown in Right of Ontario
(Ministry of Government and Consumer Services) Employer
BEFORE Marilyn A. Nairn Arbitrator
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING DATE April 7, 2022
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Interim Decision
[1] This matter convened and a number of case management and procedural issues
were addressed. This interim decision confirms those agreements and directions.
[2] The Grievor, Neil Burgess, has filed a total of seven grievances, each alleging a
failure to accommodate his disability in accordance with the terms of both the
collective agreement and the Ontario Human Rights Code (the “Code”). Two of
those grievances had originally been referred to me for hearing.
[3] This will confirm the parties’ agreement that all seven grievances are to be
consolidated for hearing and further, are to be heard and determined by this
arbitrator at the Board. OPSEU (the “Union”) is therefore required to refer the
remaining grievances to the Board. The parties’ agreement to consolidate the
hearing of the grievances is subject to the Employer having specifically reserved
its right to raise and rely on any preliminary or procedural issues with respect to
those additional grievances.
[4] The Employer agreed to produce to the Union copies of any medical
documentation covering the period January 1, 2019 to February 16, 2022 in its
possession or control pertaining to the Grievor. Should issues of production remain
outstanding, or should other issues arise prior to the next hearing date, counsel
were instructed to contact the Board sufficiently in advance for purposes of having
those issues determined.
[5] The issues raised by the grievances relate to an ongoing period of time. The parties
further agreed that the end date of relevant evidence for the purpose of this
proceeding is February 16, 2022; the date that the Employer formally confirmed to
the Grievor that he was being assigned to the Employer’s Health Reassignment
process.
[6] The parties agreed to cooperate for purposes of filing a joint document book to the
extent possible. It is expected that any documentary material will be filed at least
one week in advance of the next scheduled hearing date.
[7] The Union has advised that the Grievor will require accommodation of his disability
during the hearing process. The Employer has confirmed that it does not require
medical evidence to substantiate a requirement for additional breaks during the
hearing day as well as not requiring consecutive days of hearing. In that latter
regard, the Employer noted that should the confirmed consecutive dates of June
29 and 30, 2023 require adjustment, it has no objection to doing so. These
adjustments are reasonable and will be implemented. Any request for
accommodation outside these parameters will require medical documentation
identifying the Grievor’s restrictions and limitations so that reasonable measures
may be considered and taken as required for the proper conduct of the hearing.
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[8] Further hearing dates were confirmed and a Notice of Proceeding will be issued in
due course with respect to those dates. This matter is hereby referred to the
Registrar in order that the Notice of Proceeding be issued.
Dated at Toronto, Ontario this 8th day of April 2022.
“Marilyn A. Nairn”
_____________________
Marilyn A. Nairn, Arbitrator