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HomeMy WebLinkAbout2015-1734.Pouli.17-10-27 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 Arbitrator FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel TELECONFERENCE October 27, 2017 2 Decision [1] More than one year ago, 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] Although the documentation was to be provided forthwith, the production order has not been complied with as of today’s date. [3] In my earlier decision of June 1, 2017, in this matter, I noted the parties had tentatively agreed to an additional hearing date to address additional issues of production, and that the Union was requesting another four days be set in anticipation of this matter proceeding to hearing. [4] The Employer resisted setting any additional hearing dates until my production order of September 6, 2016 was complied with. [5] While I directed the parties to set four additional hearing dates, I also indicated 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 would be cancelled. [6] The Union failed to comply with my production order of September 6, 2016 by September 29, 2017, and all further hearing dates between the parties were cancelled. [7] On October 27, 2017, via teleconference, Counsel for the Union requested another date be set to address other issues of production. This was resisted by Counsel for the Employer, in light of the Union’s non-compliance with my September 6, 2016 production order. DIRECTION: [8] The Union has had more than a year to comply with my September 6, 2016 production order, and has failed to do so. 3 [9] Accordingly, the Registrar is directed to set this matter down for one day of hearing, to deal with the Union’s failure to comply with my production order of September 6, 2016. [10] Counsel are directed to come prepared to make submissions as to the appropriate consequences of that failure. Dated at Toronto, Ontario this 27th day of October 2017. “Tatiana Wacyk” Tatiana Wacyk, Arbitrator