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HomeMy WebLinkAbout2017-2790.Tomkinson.20-09-11 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# 2017-2790 UNION# 2017-0234-0217 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Tomkinson) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Gordon F. Luborsky Arbitrator FOR THE UNION Georgina Watts Morrison Watts Counsel FOR THE EMPLOYER George Parris Treasury Board Secretariat Legal Services Branch Counsel HEARING September 10, 2020 (by videoconference) -2- DECISION [1] The parties agreed at the outset of the hearing into this matter that I was properly appointed with jurisdiction to adjudicate this dispute. [2] I was advised that the grievance alleges that the Employer failed to provide a safe workplace for the Grievor, Ms. Marlena Tomkinson, who is employed as a Correctional Officer, during an incident at the Vanier Centre for Woman, located in Milton, Ontario. [3] After engaging in discussions with the parties for most of the hearing day, the matter did not resolve. In order to facilitate the hearing which is anticipated to require several days of testimony and argument, I issued the following procedural rulings: (a) The matter is remitted to the Registrar to set down a hearing continuation date; (b) Prior to the continuation date, the Union will provide to the Employer particulars of the specific days claimed by the Grievor for lost sick days arising out of her alleged injuries; (c) Prior to continuation, the Union will also provide to the Employer particulars of all hours that are claimed for Compensatory Time Off (“CTO”) or its equivalent arising out of appropriate treatment for the alleged injuries; (d) The Union will provide information to the Employer in response to its request for particulars of the specific breaches of the collective agreement and/or occupational health and safety legislation (or any other statute) alleged to have been violated by the Employer. If the information provided is unsatisfactory to the Employer, the parties are to schedule a conference telephone call with me at least two (2) weeks prior to the hearing date to resolve the issue or for appropriate instructions; and (e) If there are any preliminary objections to be raised at the outset of the hearing by either party, they are to be identified to the other party and to me at least two (2) weeks in advance of the hearing continuation date. [4] The matter is accordingly remitted to the Registrar to schedule a continuation date in the usual course. -3- [5] I shall remain seized to resolve any issues respecting the interpretation and/or implementation of the foregoing directions. Dated at Toronto, Ontario this 11th day of September, 2020. “Gordon F. Luborsky” ______________________ Gordon F. Luborsky, Arbitrator