GSB#2018-1327; 2018-1375

UNION# 2018-5112-0093; 2018-5112-0099

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ahmad)

Union

• and -

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

Employer

BEFORE

Mary Lou Tims

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Kevin Dorgan Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 30 and 31, 2019

Interim Decision

1Having heard the submissions of Counsel, I order the Union to produce to the Employer no later than July 19, 2019, particulars of its allegations of harassment and discrimination of the grievor by the Employer, as well as particulars of any other allegations that the Union will raise against the Employer in these proceedings where these are allegations which the Union will bear the onus of proving.

2I further order the Union to seek to obtain the grievor’s medical records relating to any health issues relied upon by the Union in these proceedings for a period commencing three years prior to the grievor’s hire. Upon receipt of those records by the Union, I order the Union to advise the Employer what records, if any, it agrees to produce, and to produce to the Employer any such records. Any disagreement between the parties regarding the adequacy of that which the Union thereby produces to the Employer will be determined in accordance with the process agreed to by the parties during the May 30, 2019 hearing.

3The hearing will continue as scheduled, and my jurisdiction in these matters is retained.