GSB# 2016-2701

UNION# 2017-0377-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cousins)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

David Williamson

Arbitrator

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Adrienne Couto Liquor Control Board of Ontario Counsel

HEARING

April 6, 2018

DECISION

1On a without prejudice or precedent basis, Union counsel shall provide to Employer counsel medical documentation from her treating health care professional(s) setting out the following information:

a) Confirmation that the writer is the Grievor’s treating health care professional and how long they have been treating the Grievor;

b) Confirmation that the Grievor was unable to attend the scheduled hearing of April 6, 2018, due to a medical condition;

c) The nature of the medical condition that prevented the Grievor from attending (diagnosis need not be provided);

d) The anticipated date that the Grievor will be able to attend a hearing and, if applicable, any accommodation she may require in order to attend.

2Union counsel shall provide the above-noted documentation to Employer counsel three (3) weeks from the date of this Order, subject to any extension the Board may grant should it deem reasonable and appropriate to do so.

3The hearing shall be adjourned sine die, pending receipt of such documentation and without prejudice to any position the Union or the Employer may take with respect to the Grievor’s failure to attend the hearing of April 6, 2018. The Employer specifically reserves the right to request, following receipt and review of the documentation, or in the event that documentation is not provided in accordance with the criteria set out above, that the grievance be dismissed and/or to argue that these periods of adjournment resulting from the Grievor’s non-attendance be taken into account with respect to remedy should any liability be established.