GSB#2009-0636, 2009-2970, 2009-2971, 2009-2972, 2011-3774

UNION#2009-0520-0006, 2009-0520-0034, 2009-0520-0035, 2009-0520-0036, 2011-0520-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Paulino)

Union

• and -

The Crown in Right of Ontario (Ministry of Municipal Affairs and Housing & Ministry of Attorney General)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Stewart McMahon Ministry of Government Services Labour Practice Group Counsel

HEARING

June 8, 2012.

Decision

1The grievor, Sarah Paulino, is a financial officer. She has filed a number of grievances alleging discipline without just cause, discrimination and harassment.

2After mediation attempts failed, the parties agreed to proceed with litigation by way of a truncated process suggested by this Board. That process is to continue.

3At our most recent day of hearing, the parties and the grievor agreed that Ms. Paulino shall undergo an Independent Medical Evaluation. Subject to the approval of the Board, the parties will:

1. Agree to who will perform the IME. Such agreement shall be within twenty-one days following the issuance of this order.
2. Agree on the questions to be asked of the evaluator.
3. Agree on the information to be provided to the evaluator.

4The parties also agreed that in the event that there is a dispute with any aspect of the agreement set out above, I have the jurisdiction to determine the dispute. The parties shall contact me promptly if a dispute arises.