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HomeMy WebLinkAbout2013-2473.Fortin.14-04-24 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#2013-2473, 2013-2618 UNION#2013-0599-0023, 2013-0599-0024 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Fortin) Union - and - The Crown in Right of Ontario (Ministry of Finance) Employer BEFORE Gordon F. Luborsky Vice-Chair FOR THE UNION Lesley Gilchrist Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Omar Shahab Ministry of Government Services Legal Services Branch Counsel HEARING April 11, 2014 - 2 - Decision [1] The parties agree that I have been properly appointed to adjudicate two grievances alleging that the Grievor was harassed and that the Employer failed to reasonably accommodate her alleged disability, in violation of the collective agreement and/or applicable legislation. [2] At the first day of proceedings into these matters the parties attempted with my assistance to resolve the grievances, but without success. [3] The parties have nevertheless agreed upon a “protocol” for the efficient hearing of these grievances. [4] Consequently, on the consent of the parties, the Board hereby orders that: (a) The Union is to provide particulars and disclosure to the Employer at least 60 days before the next scheduled hearing date in this matter; (b) The Employer is to provide any outstanding disclosure and identify preliminary issues at least 30 days before the next scheduled hearing date; and (c) The Board will schedule six (6) hearing dates that the parties anticipate will be necessary to complete these grievances, with the second of those six days not to be scheduled less than six (6) weeks after the first hearing date. [5] In the event there are any preliminary issues identified under paragraph 3(b) of the foregoing protocol, the parties are to contact the Registrar to schedule a telephone conference with me as soon as possible prior to the first hearing date to determine (a) whether the preliminary matter(s) can be disposed of by telephone; and (b) if so, to dispose of the matter(s) at that time. [6] These grievances are otherwise remitted to the Registrar for scheduling in consultation with the parties in accordance with paragraph 3(c) above. [7] I shall remain seized. Dated at Toronto this 24th day of April 2014 Gordon F. Luborsky, Vice-Chair