HomeMy WebLinkAbout2019-0852.Grievor.21-04-01 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# 2019-0852
UNION# 2019-0263-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
David R. Williamson
Arbitrator
FOR THE UNION
Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 31, 2021
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DECISION
[1] A hearing was held on March 31, 2021 in regards to a grievance filed on behalf
of the Grievor.
[2] The Employer counsel raised preliminary objections in regards to the sufficiency
of the Union’s March 19, 2021 dated amended particulars, as well as in regards to the
timeliness of some of the allegations contained in the amended particulars. Employer
counsel further requested medical production from the Union.
[3] In the course of the March 31, 2021 hearing date, the parties reached
agreements on the various issues raised, and I hereby order as follows:
(a) By May 31, 2021, the Union shall provide full particulars in relation to the
Union’s allegations of a toxic workplace and systemic racism. The particulars
are to include not merely legal conclusions, but in addition, the facts which the
union and the Grievor assert support any such conclusion and demonstrate the
alleged toxic workplace and systemic racism. With respect to each act or
omission alleged, the particulars shall indicate what was done or not done,
when, where, by what means and by whom and, to the extent motivation may
be a relevant fact, with what motivation. For greater clarity, conclusory
statements based on unparticularized allegations of fact are not sufficient and
do not constitute particulars for purposes of this order. Failure to provide the
particulars in accordance with this Order by May 31, 2021 will result in the
dismissal of this aspect of the grievance.
(b) Paragraphs 19 to 21 of the Union’s March 19, 2021 dated amended particulars
shall be struck and the Union shall not be permitted to adduce any evidence in
relation to the events leading up to the Grievor filing the 2015 WDHP complaint
or the Employer’s subsequent investigation and response to the 2015 WDHP
complaint.
(c) By May 31, 2021, the Union shall disclose to the Employer:
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1. The complete files of the Grievor's treating physicians (including but
not necessarily limited to Dr. Caroline Correia, Dr. Kristen Jewell, and
Doctor Jose Oscar Lopez Alonso) from January 2014 until the date
of the filing of the present of grievance (May 14, 2019). This includes
all notes, charts, emails, memoranda, letters or any other
documentation pertaining to the Grievor.
2. Any document the Union wishes to rely on; and
3. Any other arguably relevant document.
(d) The hearing date of May 12, 2021 is adjourned on consent of the parties. The
parties will contact the Registrar regarding scheduling of further hearing dates.
Dated at Toronto, Ontario this 1st day of April, 2021.
“David R. Williamson”
______________________
David R. Williamson, Arbitrator