GSB#2007-2368, 2007-2369, 2009-2075, 2010-2759

UNION#2007-0229-0019, 2007-0229-0020, 2007-0229-0009, 2010-0229-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ireland et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Omar Shahab Ministry of Government Services Labour Practice Group Counsel

HEARING

April 5 & 11, 2012.

Decision

1Robert Bujeya, Daphne Ireland and Jeff Johnston are Correctional Officers at Ontario Correctional Institute. Each filed a grievance that alleges various violations of the Collective Agreement after the Employer demanded they undergo an Independent Medical Evaluation. Included in the allegations are claims that the Employer’s request for an IME was motivated by anti-union animus. The Union was also of the view that under no circumstances is the Employer entitled to oblige Correctional Officers to have an IME.

2On the first day of hearing after fulsome opening statements from the parties it became apparent that the evidence the Union intended to call regarding these grievances would potentially overlap with facts to be heard in another matter involving the same parties before this Vice Chair at the Grievance Settlement Board.

3I raised this matter with counsel to ascertain whether consolidation of these files would be appropriate. Various details were discussed to ensure all issues would be addressed. It was agreed that similar facts and issues are raised in both proceedings and that it is in no one’s interest to have the two cases heard separately. Accordingly, I order that these matters be consolidated on the basis agreed to by counsel at the hearing.