HomeMy WebLinkAbout2015-1734.Pouli.17-06-01 Decision
Crown 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#2015-1734
UNION#2015-5112-0158
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pouli) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Tatiana Wacyk Vice-Chair
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER
Jonathan Rabinovitch
Treasury Board Secretariat
Labour Practice Group
Counsel
TELECONFERENCE May 31, 2017
- 1 -
Direction
[1] On September 6, 2016, I directed the Union to produce to the Employer, the
following:
1. The complete files of any and all of the Grievor's treating
physicians, including but not limited to Dr. Lee-Anne Somersall, Dr.
Paula Molnar, and any professional at the outpatient program at
Credit Valley Hospital, from May 2014 to the present. This
includes all notes, charts, emails, memoranda, letters or any other
documentation pertaining to the Grievor.
2. All notes, emails, memoranda, letters or any other documentation
pertaining to the Greivor's application (if any) for Long Term Income
Protection benefits; any notes, emails, memoranda, letters or any
other documentation pertaining to the Grievor's application (if any)
for Canada Pension Plan disability benefits, including any appeals
thereof; and any notes, emails, memoranda, letters or any other
documentation pertaining to the Grievor's claim(s) under the
Workplace Safety & Insurance Act.
[2] The documentation was to be provided forthwith.
[3] The hearing was set to proceed over the course of five additional dates agreed to
by the parties. However, this did not occur.
[4] Nor has the production order, set out above, been complied with.
[5] While the parties have tentatively agreed to a November hearing date to address
additional issues of production, the Union requests another four days be set in
anticipation of this matter proceeding to hearing.
[6] The Employer resists setting any additional hearing dates until my production
order of September 6, 2016 is complied with.
Disposition:
[7] The parties are instructed to proceed forthwith to set four additional hearing
dates, in the normal course.
[8] Counsel for the Union is directed to provide Counsel for the Employer, by no later
than 30 days from the date of this decision, confirmation of the Union’s and
Grievor’s best efforts to comply with my production order of September 6, 2016.
- 2 -
[9] The production order must be satisfied by no later than September 29, 2017,
failing which, in the absence of extraordinary circumstances, the additional four
hearing dates will be cancelled.
Dated at Toronto this 1st day of June 2017.
“Tatiana Wacyk”
Tatiana Wacyk, Vice-Chair