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HomeMy WebLinkAbout2016-2162.Murphy.18-03-07 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# 2016-2162 UNION# 2016-0234-0199 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Murphy) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Marilyn Nairn Arbitrator FOR THE UNION Jennifer Micallef Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Benjamin Parry Treasury Board Secretariat Legal Services Branch Senior Counsel HEARING March 7, 2018 -2- INTERIM DECISION [1] This grievance gives rise to a request for the accommodation of a disability. The parties have engaged in some discussions but to date have not resolved the grievance. The matter is scheduled to continue on May 1, 2018. [2] In anticipation of the continuation of this matter and in order that the parties are properly prepared to proceed to a hearing, I hereby direct as follows: (a) The Union is hereby directed to provide full written particulars of the basis of its claim that the grievor suffered and/or suffers from a disability, and was thereby and continues to be entitled to be accommodated by the Employer. Those written particulars are to be provided to the Employer and to the Board by no later than Monday, March 26, 2018. (b) The Union is further directed to produce to the Employer any and all documentation in its possession and/or control that is arguably relevant to the issues raised by this grievance by no later than Monday, March 26, 2018. It is understood and expected that production will likely include medical documentation relevant to the grievor’s asserted disability and to any restrictions and/or limitations that may exist with respect to her ability to return to work. Any failure on the grievor’s part to provide such medical documentation to the Union and thereafter to the Employer may well result in the Union being unable to pursue and/or establish the allegations made. (c) By no later than Monday, April 16, 2018, the Employer is to respond in writing to the Union, with a copy to the Board, setting out its position in response to the grievance. [3] Should further issues arise with respect to production from either party, or should other pre-hearing issues arise, the parties are to immediately advise the Board in order that a conference call may be convened to deal with those issues prior to the next scheduled date. In any event, both parties will be expected to be in a position to proceed to hearing and/or to engage in productive discussions on May 1, 2018. Dated at Toronto, Ontario this 7th day of March, 2018. “Marilyn Nairn” __________________________ Marilyn Nairn, Arbitrator