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HomeMy WebLinkAbout2021-0546.Belanger.22-02-25 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB#2021-0546 UNION# 2021-0424-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Belanger) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Nimal Dissanayake Arbitrator FOR THE UNION Anjana Kashyap Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Maria Kristina Ascenzi Treasury Board Secretariat Labour Practice Group Counsel HEARING February 22, 2022 (Conference call via Zoom) - 2 - Decision [1] The Board seized with a discipline grievance filed by Mr. Pierre Belanger (“grievor”). The grievance was scheduled to be heard on January 6, 2022, but was adjourned on consent. The Board was informed that the adjournment was agreed to at the request of the grievor, who had informed that he was not able to attend the hearing since his father was scheduled to undergo surgery on the scheduled hearing date. The employer’s agreement to adjourn was conditional on the union’s undertaking that some documentary evidence will be produced to confirm that the grievor’s father had surgery scheduled on January 6, 2022. [2] At the conference call held at the employer’s request, the Board was advised that the union had not provided any evidence in compliance with the undertaking. Union counsel advised the Board that the grievor had informed that he is not able to get documentation about the surgery appointment. [3] Employer counsel requested that the Board issue an order that the grievor and the union produce the documentary evidence in question. Citing Re Kay, GSB 2019-1164 (Flaherty), she reserved the right to bring a motion that the grievance be dismissed if the Board order is not complied with. [4] I have concluded that it is appropriate to issue the requested order. The grievance is now re-scheduled to be heard on May 26, 2022. In the circumstances the Board orders as follows: (a) The grievor and the union shall, no later than April 14, 2022, produce to employer counsel documentary evidence confirming that the grievor’s father was scheduled to undergo surgery on January 6, 2022. Any other information in the document(s) deemed confidential or irrelevant by the union may be redacted before submission to employer counsel. - 3 - (b) If the order in (a) above is not complied with, the union shall provide to employer counsel no later than April 22, 2022, particulars as to the reason for non-compliance, together with any supporting documentation. (c) The employer shall, no later than May 6, 2022, provide notice to the union of any motion (s) it will be raising at the hearing on May 26, 2022. [5] This proceeding will continue on May 26, 2022. The Board remains seized. Dated at Toronto, Ontario this 25th day of February 2022. “Nimal Dissanayake” ________________________ Nimal Dissanayake, Arbitrator