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HomeMy WebLinkAbout2017-2936.Bremner.20-03-05 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# 2017-2936; 2018-2950 UNION# 2017-0205-0034; 2018-0205-0044 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bremner) Union - and - The Crown in Right of Ontario (Ministry of the Attorney General) Employer BEFORE Gail Misra Arbitrator FOR THE UNION Lauren Tarasuk Koskie Minsky LLP Counsel FOR THE EMPLOYER Daria Vodova Treasury Board Secretariat Legal Services Branch Counsel TELECONFERENCE March 5, 2020 - 2 - Preliminary Decision [1] There are two grievances filed on behalf of Kathie Bremner that remain before the Board for arbitration. A grievance dated June 1, 2017 alleges that the Employer failed to support the grievor’s return to work despite her ongoing efforts to make such arrangements beginning on October 31, 2016. The second grievance, dated November 27, 2018, alleges that the Employer has unjustly and without just cause terminated the grievor’s employment. [2] This decision addresses the Employer’s preliminary motion that certain paragraphs of the Union’s particulars, provided to the Employer by a letter dated January 8, 2020, be struck, or, in the alternative, that more particulars and documents be provided with respect to certain paragraphs of the letter. [3] The Union also raised its’ objections regarding the breadth of the Employer’s production requests in two regards: regarding the work that the Grievor had been doing from 2007 to the date of termination from employment; and regarding the Grievor’s medical records from 2007 to the date of her termination from employment. These issues are also addressed in this decision. [4] The parties made submissions on a conference call held on March 5, 2020. In the interest of time, as the next day of hearing is scheduled for March 18, 2020, the parties agreed that my rulings should be issued without reasons. My rulings and directions are as follows: 1. Paragraphs 3, 4, 5, and 6 of the January 8, 2020 letter are hereby struck. 2. Paragraph 13 – I have reserved on this paragraph until the Union has provided the Employer with any and all documents relating to this paragraph, as well as any further particulars relating to this allegation, should there be any. 3. Paragraph 14 – I decline the Employer’s request to strike this paragraph. 4. Paragraph 15 - I have reserved on this paragraph until the Union has provided the Employer with any and all documents relating to this paragraph, as well as any further particulars relating to this allegation, should there be any. 5. Paragraph 17 - I have reserved on this paragraph until the Union has provided the Employer with any and all documents relating to this paragraph, as well as any further particulars relating to this allegation, should there be any. 6. Paragraph 18 – This paragraph is struck. 7. Paragraph 42 - I have reserved on this paragraph until the Union has provided the Employer with any and all documents relating to this paragraph, as well as any further particulars relating to this allegation, should there be any. 8. With respect to the Employer’s request for production of records showing the Grievor’s work, I decline to order such production from 2007 on. The Grievor is - 3 - however required to produce any such records from 2014 to the date of termination of employment. 9. With respect to the Employer’s request for production of the Grievor’s medical records from 2007 on, I decline to order such production. However, the Grievor is required to produce any such records from 2013 to the date of termination of employment. 10. The Union is ordered to provide all relevant production and any further particulars to the Employer by March 12, 2020. In the event that it does not do so, in the absence of agreement, reasonable excuse, or extenuating circumstances, the Union may be precluded from relying on such documents and particulars. [5] I remain seized. Dated at Toronto, Ontario this 5th day of March, 2020. “Gail Misra” Gail Misra, Arbitrator