GSB#2015-2339

Union # 2015-0533-0041

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Martin)

Union

• and -

The Crown in Right of Ontario (Treasury Board Secretariat)

Employer

BEFORE

Felicity D. Briggs

Arbitrator

FOR THE UNION

Frank Inglis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

TELECONFERENCES

October 12 and 19, 2017

Decision

1The matter before this Board involves an allegation of a failure to accommodate. The parties have participated in correspondence and conference calls regarding process in an effort to expedite the litigation of this matter.

2During our discussions the Employer asked for the following disclosure:

1. All arguably relevant documents and records that may exist in any format (physical, electronic, digital, etc.) in the possession, control, or power of the Union or the grievor. These documents to be produced on or before November 3, 2017;
2. All arguably relevant medical documents, including clinical notes, records, and reports from all treating practitioners during the time period June 1, 2015 to date. These documents to be produced as soon as possible, but in any event at least ten (10) days prior to the November 22, 2017 hearing date.

3The Union was not averse to the Employer’s request but was concerned that the dates requested might not be achievable.

4Accordingly, I order the disclosure set out above. It is understood that the Union will make best efforts to meet the dates set out herein. In the event that the Employer is of the view that the Union is unduly tardy in providing the information, the Board can be contacted.