HomeMy WebLinkAbout2017-2190.Cody.19-07-31 Decision
GSB# 2017-2190; 2017-3531; 2018-1869; 2018-2483
UNION# 2017-0229-0024; 2018-0229-0001; 2018-0229-0021; 2018-0229-0027
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) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Brian McLean
Arbitrator
FOR THE UNION
Emily Home
Paliare Roland Rosenberg Rothstein LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING July 30, 2019
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
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DECISION
[1] These are grievances which, among other things, allege a failure to
accommodate. On July 30, 2019 the parties appeared before me and made
submissions about whether the next hearing date (October 1, 2019) should be
adjourned and about certain production issues. This award confirms the oral
rulings I made.
1) Over the objections of the Employer I determined it is appropriate to
adjourn the next hearing date in this matter given the fact, among
others, that the Grievor is scheduled to be participating (as a
complainant) in a criminal trial in the month of September.
2) I direct the Employer to, by September 23, 2019, find and produce, (to
the extent it has not already done so) the following documents:
a) CO Cody’s personnel file
b) Copies of all documents, including letters, notes, emails, and
reports relating to:
i) CO Cody’s medical status and accommodations, with an
emphasis on those created by Lisa Antonellis;
ii) CO Cody’s shift scheduling;
iii) The WDHP preliminary assessment involving CO Cody
which occurred between December 2017 and October
2018;
iv) Occurrence reports, relevant to the issues raised by the
grievances, made by CO Cody including Employer
responses thereto.
3) I direct the Union to, by September 23, 2019, (and to the extent it has
not already done so), produce any written communications by CO
-3-
Cody to the Employer in which he raised concerns about the matters
which are the subject of theses grievances.
[2] Both parties shall also make best efforts to disclose as soon as possible after
September 23, 2019, documents they intend to rely on at the hearing to the
extent they are not covered by the above order.
Dated at Toronto, Ontario this 31st day of July, 2019.
“Brian McLean”
______________________
Brian McLean, Arbitrator