Ontario Public Service Employees Union (Baker) v. The Crown in Right of Ontario (Ministry of Revenue), 2010 CanLII 64227

GSB#2009-0633

UNION#2009-0546-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Baker)

Union

• and -

The Crown in Right of Ontario (Ministry of Revenue)

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Mark Barclay Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jennifer Richards Ministry of Government Services Counsel

CONFERENCE CALL

August 31, 2010.

DECISION

1Following the Board’s Decision dated July 22, 2010, the Grievor provided a letter from his medical doctor, advising that she was unable to answer the questions presented by the Employer and would be referring him to a physiatrist and pain clinic.

2By September 10, 2010, the Grievor is to provide to the Employer the name and contact information of the physiatrist and pain clinic to which his doctor has referred him, so that the Employer can revise its letter containing the questions presented at the mediation on July 21, 2010 for the physiatrist and pain clinic to answer. In addition, pertinent background information may also be provided by the Employer so that the full history of the Grievor’s situation may be understood.

3Upon receipt of medical information satisfactory to the Employer in paragraph 2, the Employer will timely consult with the Union and Grievor regarding his return to work.

4In relation to the grievance, the Union is to provide particulars (who, what, when, and where concerning the allegations of discrimination and harassment) to the Employer by the close of business on October 18, 2010. The failure to do so may result in a motion by the Employer to dismiss the grievance.