GSB#2013-2473, 2013-2618

UNION#2013-0599-0023, 2013-0599-0024

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fortin)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Gordon F. Luborsky

Vice-Chair

FOR THE UNION

Lesley Gilchrist Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Omar Shahab Ministry of Government Services Legal Services Branch Counsel

HEARING

April 11, 2014

Decision

1The parties agree that I have been properly appointed to adjudicate two grievances alleging that the Grievor was harassed and that the Employer failed to reasonably accommodate her alleged disability, in violation of the collective agreement and/or applicable legislation.

2At the first day of proceedings into these matters the parties attempted with my assistance to resolve the grievances, but without success.

3The parties have nevertheless agreed upon a "protocol" for the efficient hearing of these grievances.

4Consequently, on the consent of the parties, the Board hereby orders that:

(a) The Union is to provide particulars and disclosure to the Employer at least 60 days before the next scheduled hearing date in this matter;

(b) The Employer is to provide any outstanding disclosure and identify preliminary issues at least 30 days before the next scheduled hearing date; and

(c) The Board will schedule six (6) hearing dates that the parties anticipate will be necessary to complete these grievances, with the second of those six days not to be scheduled less than six (6) weeks after the first hearing date.

5In the event there are any preliminary issues identified under paragraph 3(b) of the foregoing protocol, the parties are to contact the Registrar to schedule a telephone conference with me as soon as possible prior to the first hearing date to determine (a) whether the preliminary matter(s) can be disposed of by telephone; and (b) if so, to dispose of the matter(s) at that time.

6These grievances are otherwise remitted to the Registrar for scheduling in consultation with the parties in accordance with paragraph 3(c) above.

7I shall remain seized.