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HomeMy WebLinkAbout2020-0775.Burgess.22-04-08 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# 2020-0775; 2020-0776 UNION# 2019-0468-0014; 2019-0468-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Burgess) Union - and - The Crown in Right of Ontario (Ministry of Government and Consumer Services) Employer BEFORE Marilyn A. Nairn Arbitrator FOR THE UNION Seung Chi Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel HEARING DATE April 7, 2022 - 2 - Interim Decision [1] This matter convened and a number of case management and procedural issues were addressed. This interim decision confirms those agreements and directions. [2] The Grievor, Neil Burgess, has filed a total of seven grievances, each alleging a failure to accommodate his disability in accordance with the terms of both the collective agreement and the Ontario Human Rights Code (the “Code”). Two of those grievances had originally been referred to me for hearing. [3] This will confirm the parties’ agreement that all seven grievances are to be consolidated for hearing and further, are to be heard and determined by this arbitrator at the Board. OPSEU (the “Union”) is therefore required to refer the remaining grievances to the Board. The parties’ agreement to consolidate the hearing of the grievances is subject to the Employer having specifically reserved its right to raise and rely on any preliminary or procedural issues with respect to those additional grievances. [4] The Employer agreed to produce to the Union copies of any medical documentation covering the period January 1, 2019 to February 16, 2022 in its possession or control pertaining to the Grievor. Should issues of production remain outstanding, or should other issues arise prior to the next hearing date, counsel were instructed to contact the Board sufficiently in advance for purposes of having those issues determined. [5] The issues raised by the grievances relate to an ongoing period of time. The parties further agreed that the end date of relevant evidence for the purpose of this proceeding is February 16, 2022; the date that the Employer formally confirmed to the Grievor that he was being assigned to the Employer’s Health Reassignment process. [6] The parties agreed to cooperate for purposes of filing a joint document book to the extent possible. It is expected that any documentary material will be filed at least one week in advance of the next scheduled hearing date. [7] The Union has advised that the Grievor will require accommodation of his disability during the hearing process. The Employer has confirmed that it does not require medical evidence to substantiate a requirement for additional breaks during the hearing day as well as not requiring consecutive days of hearing. In that latter regard, the Employer noted that should the confirmed consecutive dates of June 29 and 30, 2023 require adjustment, it has no objection to doing so. These adjustments are reasonable and will be implemented. Any request for accommodation outside these parameters will require medical documentation identifying the Grievor’s restrictions and limitations so that reasonable measures may be considered and taken as required for the proper conduct of the hearing. - 3 - [8] Further hearing dates were confirmed and a Notice of Proceeding will be issued in due course with respect to those dates. This matter is hereby referred to the Registrar in order that the Notice of Proceeding be issued. Dated at Toronto, Ontario this 8th day of April 2022. “Marilyn A. Nairn” _____________________ Marilyn A. Nairn, Arbitrator