HomeMy WebLinkAbout2020-2284.Grievor.23-07-11 Decision
GSB# 2020-2284; 2022-7751; 2022-12107; 2022-12108;
2022-12111; 2022-12112; 2023-00407; 2023-00579
UNION# 2020-0555-0022; 2022-0533-0021; 2022-0533-0034;
2022-0533-0035; 2022-0533-0038; 2023-0533-0001;
2023-0533-0005; 2023-0533-0010
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 Public and Business Service Delivery) Employer
BEFORE Barry Fisher Arbitrator
FOR THE UNION James Craig
Morrison Watts
Counsel
FOR THE EMPLOYER Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING June 29, 2023
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
- 2 -
Decision
[1] The parties requested a Case Conference to work out some procedural matters for
these various grievances.
I made the following order:
1. Grievance 2023-0533-0010 is added to the list of grievances before me.
2. This involves multiple issue including various disciplinary actions leading up
to a dismissal. As the Employer has the onus of proving these issues, they
shall provide whatever further particulars they rely upon by August 31, 2023.
3. In the remainder of the grievances the Union has the onus, so they shall
provide particulars by September 30, 2023. Much of the Grievor’s claim
seems to flow from his allegation that the Employer failed to accommodate a
disability which prevented him from returning to the office. Therefore, I would
expect that the Union’s particulars would disclose all the medical information
which the Grievor intends to rely upon in this case.
4. The first hearing date is November 27, 2023.
5. In the past, certain individuals involved in this case have contacted me
directly and not through their lawyers. This is not acceptable. This will not
continue. If it does, I reserve the right to sanction the offending party, which
sanction could include the dismissal of one or more of these grievances.
Dated at Toronto, Ontario this 11th day of July, 2023.
“Barry Fisher”
_______________________
Barry fisher, Arbitrator