HomeMy WebLinkAbout2014-1158.Brown-Bryce et al.16-04-08 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#2014-1158, 2014-1159, 2014-1160, 2014-1161, 2014-1162, 2014-1163, 2014-1164
UNION#2014-5112-0043, 2014-5112-0044, 2014-5112-0045, 2014-5112-0046,
2014-5112-0047, 2014-5112-0048, 2014-5112-0049
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Brown-Bryce et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Nimal Dissanayake Vice-Chair
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Stewart McMahon
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING April 6, 2016
- 2 -
Decision
[1] The Board is seized with individual grievances filed by seven individuals,
Nadia Brown-Bryce, Jacqueline Samuels, Charlene Tucker, Kimberly Titton,
Kamesha Peck, Charlett Thompson and Anusiya Thanachayan, who are
employed as correctional officers at the Toronto South Detention Centre. The
parties agreed that the grievances should be heard together.
[2] At the commencement of the hearing, union counsel advised that the grievance
of Kimberly Titton (File: 2014-1161) is withdrawn.
[3] Subsequently, a number of issues were raised, including the adequacy of
particulars and disclosure, relating to the remaining grievances. The Board was
requested to make orders with respect to those issues.
[4] Having regard to the issues raised and the positions of the respective parties, the
Board orders as follows:
1(a) By April 18, 2016, Union counsel shall provide Employer counsel with a
list of all medical practitioners whose records and notes that will be sought,
together with proposed cover letters.
1(b) By April 26, 2016, Employer counsel shall provide any comments
including any omissions from the list that are evident to him, together with
any comments on the cover letters.
2) Union counsel shall promptly send the correspondence to those on the list
with the necessary cover letter.
3) By May 13, 2016 a copy of the material received shall be forwarded by
Union counsel to Employer counsel, subject to the previously agreed to
restrictions on dissemination. At the same time, Union counsel shall advise
Employer counsel if he is taking a position that any of the documents
provided to him are not relevant and should not be disseminated to the
Employer’s instructing client(s).
4) If the medical records produced identify additional medical practitioners,
the Union shall promptly correspond with those practitioners, with copy to
Employer counsel, requesting for their records. Any records received
pursuant to such request shall be promptly forwarded to Employer counsel,
subject again to the terms on dissemination referred to in para 3 above.
- 3 -
5) By April 20, 2016, if the Union intends to assert that Kamesha Peck and
Anusiya Thanachayan suffered any ill health effect(s) as a result of the
incident on March 11, 2014, the Union will provide particulars with respect to
the ill health effect(s) suffered by each of the grievors. In that case, by May
13, 2016 Union counsel shall provide to Employer counsel, any medical
records of each health practitioner from January 1, 2014 for the period in
which the ill health effect(s) continued.
6) If the Union intends to assert that there has been a breach of either Article
2 or 3, the Union shall provide proper particulars with respect to these
allegations by April 20, 2016.
7) The Union shall be entitled to amend the statement of particulars to assert
claims for general damages for pain and suffering and mental distress based
on a breach of article 9. This would be without prejudice to the Employer’s
right to challenge the Board’s jurisdiction to award such damages.
8) The Union shall provide particulars of the grievor’s claim for back pay,
travel and similar expenses by May 13, 2016.
9) By May 13, 2016, the Union shall provide proper particulars with respect to
the allegations in paragraphs 56 and 57 of the Union’s particulars dated
January 15, 2016.
10) On or before May 13, 2016, the Union shall provide to employer counsel,
all other documents in its possession relevant to the issues in this matter.
11) By June 3, 2016 Employer counsel shall advise the Union with respect to
those matters that the Employer does not dispute in the Union’s particulars
dated January 15, 2016, and provide disclosure and production of all
documents in possession of the Employer relevant to the issues in this
matter.
[5] On agreement of the parties I remain seized to deal with any disputes arising
from the implementation of the terms of this order.
[6] The hearing will proceed on the dates scheduled.
Dated at Toronto Ontario this 8th day of April 2016.
Nimal Dissanayake, Vice Chair