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

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel

TELECONFERENCE

October 27, 2017

Decision

1More than one year ago, on 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.

2Although the documentation was to be provided forthwith, the production order has not been complied with as of today’s date.

3In my earlier decision of June 1, 2017, in this matter, I noted the parties had tentatively agreed to an additional hearing date to address additional issues of production, and that the Union was requesting another four days be set in anticipation of this matter proceeding to hearing.

4The Employer resisted setting any additional hearing dates until my production order of September 6, 2016 was complied with.

5While I directed the parties to set four additional hearing dates, I also indicated the 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 would be cancelled.

6The Union failed to comply with my production order of September 6, 2016 by September 29, 2017, and all further hearing dates between the parties were cancelled.

7On October 27, 2017, via teleconference, Counsel for the Union requested another date be set to address other issues of production. This was resisted by Counsel for the Employer, in light of the Union’s non-compliance with my September 6, 2016 production order.

DIRECTION:

8The Union has had more than a year to comply with my September 6, 2016 production order, and has failed to do so.

9Accordingly, the Registrar is directed to set this matter down for one day of hearing, to deal with the Union’s failure to comply with my production order of September 6, 2016.

10Counsel are directed to come prepared to make submissions as to the appropriate consequences of that failure.