HomeMy WebLinkAbout2022-10232.Thompson.2024-08-06 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# 2022-10232
UNION# 2022-0234-4388
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Thompson) Union
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The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Kelly Waddingham Arbitrator
FOR THE UNION Robert Healey
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING July 25, 2024
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Decision
[1] This grievance alleges that the Employer has failed to accommodate the grievor
Taylor Thompson
[2] The matter has been ongoing and reconvened for further mediation on July 25,
2024. Those mediation efforts proved unsuccessful and the parties engaged in
discussion for purposes of case management. In the spirit of cooperation, and for
purposes of attempting to focus and expedite this proceeding, the parties have
agreed to the timeline set out below.
Schedule
[3] The following schedule for particulars, pre-hearing production and any preliminary
motion(s) was agreed to on July 25, 2024:
September 3, 2024 – OPSEU shall deliver to the Employer comprehensive
particulars of the grievance, including issues related to vacation credits and
pension contributions. The submission shall include a full explanation and basis
for the remedies sought, and detailed calculations of the amounts or credits owed.
OPSEU shall make any remaining prehearing production requests to the
Employer.
September 13, 2024 – The Employer shall make any prehearing production
requests to OPSEU. During the mediation/case management hearing on July 25,
2024 the Employer sought pre-hearing production from OPSEU of the grievor's
medical/health provider records (May 2021 to March 2023). Employer shall
provide notice to OPSEU of any preliminary/procedural motions.
October 3, 2024 – The Employer shall provide to OPSEU the documents they do
not object to producing.
December 13, 2024 – OPSEU shall provide the Employer with the requested
medical records of the grievor (May 2021 and March 2023).
[4] In the event of an objection to the prehearing production of any document(s), the
parties are required to submit full written submissions as to the basis for the
objection. If necessary, any prehearing production requests will be addressed
based on the parties’ written submissions before the next hearing date, scheduled
for February 28, 2025.
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[5] The first day of hearing on February 28, 2025 will deal with any
outstanding preliminary/procedural issues.
[6] Continuation dates are scheduled for May 2, June 16 and July 15, 2025.
[7] All dates contained in this case management decision are subject to change on
agreement of the parties or direction of the arbitrator.
Dated at Toronto, Ontario this 6th day of August 2024.
“Kelly Waddingham”
Kelly Waddingham, Arbitrator