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HomeMy WebLinkAbout2018-1327.Ahmad.19-06-03 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#2018-1327; 2018-1375 UNION# 2018-5112-0093; 2018-5112-0099 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ahmad) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Mary Lou Tims Arbitrator FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel HEARING May 30 and 31, 2019 - 2 - Interim Decision [1] Having heard the submissions of Counsel, I order the Union to produce to the Employer no later than July 19, 2019, particulars of its allegations of harassment and discrimination of the grievor by the Employer, as well as particulars of any other allegations that the Union will raise against the Employer in these proceedings where these are allegations which the Union will bear the onus of proving. [2] I further order the Union to seek to obtain the grievor’s medical records relating to any health issues relied upon by the Union in these proceedings for a period commencing three years prior to the grievor’s hire. Upon receipt of those records by the Union, I order the Union to advise the Employer what records, if any, it agrees to produce, and to produce to the Employer any such records. Any disagreement between the parties regarding the adequacy of that which the Union thereby produces to the Employer will be determined in accordance with the process agreed to by the parties during the May 30, 2019 hearing. [3] The hearing will continue as scheduled, and my jurisdiction in these matters is retained. Dated at Toronto, Ontario this 3rd day of June, 2019. “Mary Lou Tims” Mary Lou Tims, Arbitrator