GSB# 2016-1173
UNION# 2016-0376-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Jouri)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Andrew Mindszenthy Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Angela Wiggins Crawford Chondon & Partners LLP Counsel
HEARING DATE
February 16, 2018
PRELIMINARY DECISION
1The Board is seized of a grievance dated July 5, 2016, filed by Ms. Merna Jouri, a casual Customer Service Representative. The grievance reads:
Statement of Grievance:
I grieve I have been dismissed without just cause. Violation of article 28.7.1. I also grieve that management is in violation of article 2.1, discrimination, article 3.1 and the Ontario Human Rights Code
Settlement Desired:
Damages to be made whole and any remedies deemed by the arbitrator.
Cease and desist all discrimination, harassment.
Reinstatement to my former position.
To be accommodated.
Reimbursement for all lost wages, benefits, seniority with interest.
2When the grievance came before me for arbitration, the parties informed that before the hearing could commence they need direction on two issues. The first related to particulars and production, and the second about the order of proceeding.
3Following discussion between counsel and the arbitrator, the parties came to an agreement on both issues. The parties jointly requested that the agreed upon terms be issued as Board orders.
4Accordingly the Board hereby orders as follows:
PARTICULARS AND PRODUCTION
(A) The union is directed to seek as soon as reasonably possible, medical information relating to the grievor’s disability from the medical practitioners listed below. The resulting communications between the union and the medical practitioners, as well as the clinical records of each of the medical practitioners relating to the grievor’s disability in the period 2015 to the present, shall be produced to employer counsel at the earliest opportunity.
List of Medical Practitioners:
Dr. Karuna Gupta
Dr. Kenneth Pace
Dr. Andre Charest
Dr. David Naimark
Dr. Michelle Hladunewich
(B) Each party is directed to share with the other, any information including documents, it intends to rely on at arbitration and/or, are arguably relevant to the issues in the grievance.
(C) The exchange of production directed shall be completed no later than Friday March 2, 2018.
(D) The Union is directed to provide to the employer full particulars relating to its allegations and claims in the grievance no later than Friday March 2, 2018.
(E) If the employer has any additional particulars, such shall be provided to the union no later than Tuesday March 6, 2018.
(F) The timelines relating to particularization and production directed herein may be extended if mutually agreed to between the parties.
ORDER OF PROCEEDING
It is hereby directed that the hearing will proceed in the following order:
(A) The employer will proceed with its evidence in chief on the issue of the grievor’s absenteeism.
(B) The union shall then respond with its evidence on the absenteeism issue, and also adduce its evidence in chief on the issue of the employer’s duty to accommodate the grievor.
(C) The employer shall next call reply evidence, if any, on absenteeism, and also call its evidence in response on the issue of the duty to accommodate the grievor.
(D) The union will call reply evidence, if any, on the issue of the employer’s duty to accommodate the grievor.
(E) Unless otherwise agreed to between the parties, or directed by the Board, submissions will be made in the same order as the calling of evidence directed above.
5The hearing will continue before the hearing could commence on the dates scheduled. The Board remains seized with jurisdiction.
Dated at Toronto, Ontario this 21st day of February 2018.