GSB# 2014-2911

UNION# 2014-5112-0108

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Primo)

Union

• and -

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

Employer

BEFORE

Gail Misra Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Regina Wong Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 12, 2018

PRELIMINARY DECISION

1In general accordance with the Board’s direction of January 4, 2018, the Union has produced to the Employer the arguably relevant medical documents that it has in its possession and control. As well, in accordance with the parties’ agreement, the Union has provided a “Will Say” statement for the Grievor.

2It had been expected that the hearing into this grievance would commence on July 12, 2018. However, as counsel for the Employer was unable to attend due to illness, the parties engaged with the Arbitrator in discussions to further streamline the litigation. I was advised that, due to counsel’s absence, the Employer had not yet provided to the Union all arguably relevant documents, but was going to provide some production to the Union at the hearing.

3In order to ensure that there are no further delays before the litigation of this grievance may commence on the next hearing date of September 24, 2018, I hereby direct as follows:

1. On or before August 13, 2018, the Employer will advise the Union and the Board whether it intends to make any preliminary motions, and will outline the nature of those motions.

2. Should the Employer so advise the Union and the Board, the parties will jointly advise the Board by August 14, 2018 whether the Board should convene a conference call to address any preliminary motions on one of August 16, 2018 at 4:30 p.m. or September 4, 2018 at 4 p.m. Should the parties be unable to agree, the Board will peremptorily schedule the conference call.

3. On or before September 7, 2018 the Employer is to produce to the Union all arguably relevant documents upon which it intends to rely in this proceeding.

4In addition to the above, counsel for the Employer noted that the Employer had not received clinical notes from one of the Grievor’s medical service providers. Counsel for the Union advised that the clinical notes had been requested, but he will follow up on this matter again, and will advise the Employer whether such notes are available. Counsel for the Employer will advise the Union as soon as possible after that date whether the Employer will require the Union to make any of the Grievor’s doctors available at the hearing.

5Should any other procedural matters arise before September 24, 2018, the parties are directed to so advise the Board so that efforts may be made to address them in a timely manner to ensure, to the extent possible, that this matter is ready for hearing at the next scheduled date.

6I remain seized.