GSB#2015-1734

UNION#2015-5112-0158

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pouli)

Union

• and -

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

Employer

BEFORE

Tatiana Wacyk

Vice-Chair

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Jonathan Rabinovitch Treasury Board Secretariat Labour Practice Group Counsel

TELECONFERENCE

May 31, 2017

Direction

1On September 6, 2016, I directed the Union to produce to the Employer, the following:

1. The complete files of any and all of the Grievor's treating physicians, including but not limited to Dr. Lee-Anne Somersall, Dr. Paula Molnar, and any professional at the outpatient program at Credit Valley Hospital, from May 2014 to the present. This includes all notes, charts, emails, memoranda, letters or any other documentation pertaining to the Grievor.

2. All notes, emails, memoranda, letters or any other documentation pertaining to the Greivor's application (if any) for Long Term Income Protection benefits; any notes, emails, memoranda, letters or any other documentation pertaining to the Grievor's application (if any) for Canada Pension Plan disability benefits, including any appeals thereof; and any notes, emails, memoranda, letters or any other documentation pertaining to the Grievor's claim(s) under the Workplace Safety & Insurance Act.

2The documentation was to be provided forthwith.

3The hearing was set to proceed over the course of five additional dates agreed to by the parties. However, this did not occur.

4Nor has the production order, set out above, been complied with.

5While the parties have tentatively agreed to a November hearing date to address additional issues of production, the Union requests another four days be set in anticipation of this matter proceeding to hearing.

6The Employer resists setting any additional hearing dates until my production order of September 6, 2016 is complied with.

Disposition:

7The parties are instructed to proceed forthwith to set four additional hearing dates, in the normal course.

8Counsel for the Union is directed to provide Counsel for the Employer, by no later than 30 days from the date of this decision, confirmation of the Union’s and Grievor’s best efforts to comply with my production order of September 6, 2016.

9The production order must be satisfied by no later than September 29, 2017, failing which, in the absence of extraordinary circumstances, the additional four hearing dates will be cancelled.