HomeMy WebLinkAbout2012-1875.Gaunce.13-06-07 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#2012-1875, 2012-1876, 2012-2036, 2012-2037, 2012-2038, 2012-2039, 2012-2040, 2012-2041,
2012-2042, 2012-2043, 2012-2322
UNION#2012-0411-0013, 2012-0411-0014, 2012-0411-0017, 2012-0411-0018, 2012-0411-0019,
2012-0411-0020, 2012-0411-0021, 2012-0411-0022, 2012-0411-0023, 2012-0411-0024,
2012-0411-0028
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gaunce) Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Barry Fisher Vice-Chair
FOR THE GRIEVOR Tim Hannigan
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Stewart McMahon
Ministry of Government Services
Legal Services Branch
Counsel
HEARING May 28, 2013.
DECISION
[1] This case involves 11 grievances filed by the same grievor. The gist of the grievances
involve the issues of accommodation, both in the past and for the future.
[2] The determination of issues involving the past will be both complex and lengthy.
However, I am hopeful that the issues involving future accommodation can be
accomplished in one or two days.
[3] I have therefore determined, with the consent of the parties, that the hearing will be
divided into three distinct parts:
1) I will first determine what accommodation, if any, is required for the
future. This will be done on November 19 and December 11, 2013. I will
then issue my award on that issue.
2) We will then schedule sufficient hearing dates to determine liability issues
involving those grievances that relate to issues arising from past events. I
am told that there may be preliminary issues like timeliness before we
actually get to the rest of the grievances as some of the events in question
span a period well before the filing of the grievances in 2012.
3) Once I have determined liability issues for past grievances, if necessary,
we will have hearing dates on the issue of remedy.
[4] With respect to the issues of production, I order the following:
1) OPSEU will provide copies to the Employer of all the medical and related
reports and information that they intend to rely upon for the first part of
the hearing by August 23, 2013 as well as particulars of the
accommodation being sought for the future.
2) By September 6, 2013 the Employer will advise OPSEU if it intends to
obtain its own medical or related reports or it is will be requesting an
Independent Medical Examination.
Dated at Toronto, Ontario this 7th day of June 2013.
Barry Fisher, Vice-Chair