HomeMy WebLinkAbout2015-2339.Martin.17-10-23 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#2015-2339
Union # 2015-0533-0041
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Martin) Union
- and -
The Crown in Right of Ontario
(Treasury Board Secretariat) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Frank Inglis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
TELECONFERENCES October 12 and 19, 2017
- 2 -
Decision
[1] The matter before this Board involves an allegation of a failure to accommodate.
The parties have participated in correspondence and conference calls regarding
process in an effort to expedite the litigation of this matter.
[2] During our discussions the Employer asked for the following disclosure:
• All arguably relevant documents and records that may exist in any format
(physical, electronic, digital, etc.) in the possession, control, or power of
the Union or the grievor. These documents to be produced on or
before November 3, 2017;
• All arguably relevant medical documents, including clinical notes, records,
and reports from all treating practitioners during the time period June 1,
2015 to date. These documents to be produced as soon as possible, but
in any event at least ten (10) days prior to the November 22, 2017 hearing
date.
[3] The Union was not averse to the Employer’s request but was concerned that the
dates requested might not be achievable.
[4] Accordingly, I order the disclosure set out above. It is understood that the Union
will make best efforts to meet the dates set out herein. In the event that the
Employer is of the view that the Union is unduly tardy in providing the
information, the Board can be contacted.
Dated at Toronto, Ontario this 23rd day of October 2017.
Felicity D. Briggs, Arbitrator