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Home My WebLink About2016-0135.Cody et al.19-03-06 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# 2016-0135; 2016-0265; 2016-0690; 2016-1216; 2016-1356; 2016-1357; 2016-1358; 2016-1359; 2016-1364; 2016- 1365; 2016-1366; 2016-1367; 2016-1368; 2016-1440; 2016-1509; 2016-1510; 2016-1531; 2016-1532; 2016-1720 2016- 1911 UNION# 2016-0229-0002; 2016-0229-0004; 2016-0229-0008; 2016-0229-0012; 2016-0229-0022; 2016-0229-0023; 2016-0229-0024; 2016-0229-0025; 2016-0229-0017; 2016-0229-0018; 2016-0229-0019; 2016-0229-0020; 2016-0229- 0021; 2016-0229-0027; 2016-0229-0029; 2016-0229-0030; 2016-0229-0031; 2016-0229-0032; 2016-0229-0037; 2016- 0229-0039 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Cody et al) Union - and - The Crown in Right of Ontario (The Ministry of Community Safety and Correctional Services) Employer BEFORE Jasbir Parmar Arbitrator FOR THE UNION Christopher Bryden (Counsel) Ryder Wright Blair & Holmes LLP Mike Biliski (Counsel) Koskie Minsky LLP FOR THE EMPLOYER George Parris (Counsel) Treasury Board Secretariat Legal Services Branch TELECONFERENCE March 4, 2019 - 2 - Interim Decision [1] On December 10, 2018, a conference call was held to address case management issues. During that call, there was reference to the possibility that there may be a request for accommodation in this proceeding by some of the grievors. I directed the parties to advise the Board of any such request, and provide supporting medical documentation, by January 12, 2019. [2] As a result of an inadvertent error, a formal request for accommodation was not received by the Board until February 28, 2019. Therein, Mr. Bryden advised that the Cody et al group of grievors sought accommodation in respect of this hearing “in a manner consistent with and in compliance with” attached medical documentation. The medical documentation consisted of six notes from the three grievors’ psychologists and/or physicians, dated June 18, 2018 through January 10, 2019. [3] Another conference call was held on March 4, 2019, further to the above-noted accommodation request. During the discussion it was noted that it would be useful for me to describe the nature of the current proceeding and the manner in which any request for accommodation will be considered. [4] A hearing before the Grievance Settlement Board is a quasi-judicial proceeding. Any decision about the process that will be followed will be consistent with the principles of natural justice. [5] As the arbitrator in this matter, I have very broad powers. They include the authority to summons witnesses and compel them to give evidence in the same manner as the Superior Court of Justice. Furthermore, my decision is binding upon the parties and enforceable in the same manner as an order of the Court. In other words, for practical purposes, this proceeding should be viewed as analogous to a proceeding of the Court. - 3 - [6] With respect to accommodation, the Board will consider a request for accommodation on the basis of a disability. Such a request must be substantiated by medical documentation indicating the nature of any medical restriction flowing from the disability. The Board will determine, after considering the submissions of the parties, whether and how an individual will be accommodated on the basis of the nature of the particular restriction. [7] The Board is now in receipt of some medical documentation. The next step is to determine whether there is any dispute about whether there is a basis for accommodation and what the nature of that accommodation should be. [8] Accordingly, I direct the following: a. Mr. Bryden is to advise the Board in writing, no later than March 25, 2019, as to the following: i) The specific accommodation being requested on behalf of each specific grievor. Any such request should keep in mind the usual manner in which Board proceedings are conducted and specifically indicate which, if any, of those practices are requested to be modified, including the manner of modification requested. ii) The nature of any medical accommodation that has been requested by, and the nature of any medical accommodation that has been and/or will be provided to, any of the grievors to attend the criminal proceedings either as an observer or as a witness. For clarity, this should include information about whether any of the grievors have attended the criminal proceedings to date, in what capacity, and whether there was any medical accommodation provided. - 4 - b. Mr. Biliski and Mr. Parris are to advise in writing, no later than April 5, 2019, whether their respective parties consent or object to the specified accommodation request. c. If there is any dispute in respect of the accommodation request, I will then receive submissions from the parties on this issue. The date for receipt of such submissions will be determined at a later date. [9] Lastly, I note that there are additional hearing dates that still need to be scheduled for this proceeding. On March 25, 2019, whether in person or by way of conference call, there will be a discussion between all counsel and myself with respect to the setting of dates. Counsel are expected to be able to commit to dates at that time, with the only condition that they will have two business days to confirm whether their clients are also available on those dates. Dated at Toronto, Ontario this 6th day of March, 2019. “Jasbir Parmar” Jasbir Parmar, Arbitrator