GSB# 0131/95, 0132/95, 2132/95
UNION# 95A500, 95A501, 96C063
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Latimer)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Correctional Services)
Employer
BEFORE
Susan D. Kaufman
Vice-Chair
FOR THE UNION
Nelson Roland Barrister and Solicitor
FOR THE EMPLOYER
Greg Gledhill Staff Relations Officer Ministry of Public Safety and Security
HEARING
August 13, 2003.
FIRST POST-DECISION INTERIM RULING
My Decision on the merits in this matter was issued on May 24, 2001.
In that Decision I remained seised with regard to the implementation of the orders and directions given therein and with regard to the balance of the remedy if the parties were unable to reach agreement.
The parties have not implemented a number of the orders and directions given in that Decision and have been unable to reach agreement regarding their implementation and regarding the balance of the remedy.
On August 13, 2003, Mr. Gledhill, the Employer’s representative, advised that the Employer had requested the Grievance Settlement Board to convene a hearing, rather than a mediation. Mr. Roland, Counsel for the Union, and Mr. Gledhill advised that they had agreed to a relatively informal process for that hearing. On August 13, 2003, both parties made informal oral submissions.
In the course of the submissions on August 13, 2003, Mr. Gledhill gave certain undertakings on behalf of the Employer, and I made certain interim orders.
At the request of the Union, I set out the undertakings and my interim orders.
The Employer undertook to:
Issue the written apologies directed in paragraphs 7, the written acknowledgment and apology direct in paragraph 8 and the written undertaking directed in paragraph 10 of the May 24, 2001 Decision by September 30, 2003. (Mr. Roland requested that the written apologies, acknowledgment and apology and undertaking be addressed to the grievor, but that they be sent to him. Mr. Gledhill implicitly undertook to do so.)
Provide the statement directed in paragraph 16 of the Decision by October 30, 2003.
Comply with the direction in paragraph 15 of the Decision by September 30, 2003.
In the course of submitting documents on August 13, 2003, the Employer provided the Union a blank “Form B: Functional Abilities” form.
I ordered the grievor and/or the Union to forthwith provide Dr. P. with the blank “Form B: Functional Abilities” form and request Dr. P. to complete it.
I order the grievor and/or the Union to provide the completed Form B, upon receipt, to Mr. Roland, and Mr. Roland is to provide it forthwith, upon receipt, to Mr. Gledhill.
I order the grievor to provide Dr. P. forthwith any written authorization he requires in order to provide the information requested in Form B.
I ordered Mr. Roland, Counsel for the Union, to request the grievor’s two medical specialists to provide him, by October 30, 2003, their individual detailed written medical opinion of the matters set out in point form at the base of p. 221 and the three points at the top of p. 222 of the May 24, 2001 Decision.
I order the grievor to provide her specialists forthwith any written authorization they require to release that information to Mr. Roland.
I ordered Mr. Roland to provide the specialist(s)’ written opinion(s), once received, to Mr. Gledhill.
I ordered that Mr. Roland and Mr. Gledhill are to hold the information contained in the specialist(s)’ written opinion(s) in strictest confidence, and that the contents of the specialist(s)’ written opinion(s) at this point are to be disclosed only to me, pending the issuance of a further order, or until the parties agree in writing to other arrangements.
I ordered that if one or both of the grievor’s specialist(s) are not able to provide their written opinion(s) by October 30, 2003, Mr. Roland is to request them to provide a letter or note indicating the reason(s) they are unable to provide their written opinion(s) within that time period, and to provide a copy of that letter or note to Mr. Gledhill.
The Union requested time, until October 30, 2003, to consider and respond to the Employer’s August 13, 2003 oral submissions and documentation re quantum. The Employer objected to the length of time requested by the Union.
I ordered Mr. Roland to respond to the Employer’s August 13, 2003 submissions re quantum by October 17, 2003.
Either party may request a further hearing regarding any matter pertaining to the implementation of the Decision and the balance of the remedy.
As stated in the May 24, 2001 decision, I will remain seised with respect to all issues pertaining to remedies, including whether the grievor’s salary will be continued, and seised with regard to the orders and directions given therein, and with regard to the balance of the remedy if the parties are unable to reach agreement. I will, as well, remain seised with regard to the orders contained herein.
Dated at Toronto, Ontario this 28th day of August, 2003.