GSB# 2017-2190; 2017-3531; 2018-1869; 2018-2483

UNION# 2017-0229-0024; 2018-0229-0001; 2018-0229-0021; 2018-0229-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cody)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Emily Home Paliare Roland Rosenberg Rothstein LLP Counsel

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 30, 2019

DECISION

1These are grievances which, among other things, allege a failure to accommodate. On July 30, 2019 the parties appeared before me and made submissions about whether the next hearing date (October 1, 2019) should be adjourned and about certain production issues. This award confirms the oral rulings I made.

1. Over the objections of the Employer I determined it is appropriate to adjourn the next hearing date in this matter given the fact, among others, that the Grievor is scheduled to be participating (as a complainant) in a criminal trial in the month of September.

2. I direct the Employer to, by September 23, 2019, find and produce, (to the extent it has not already done so) the following documents:

a) CO Cody’s personnel file

b) Copies of all documents, including letters, notes, emails, and reports relating to:

i) CO Cody’s medical status and accommodations, with an emphasis on those created by Lisa Antonellis;

ii) CO Cody’s shift scheduling;

iii) The WDHP preliminary assessment involving CO Cody which occurred between December 2017 and October 2018;

iv) Occurrence reports, relevant to the issues raised by the grievances, made by CO Cody including Employer responses thereto.

3. I direct the Union to, by September 23, 2019, (and to the extent it has not already done so), produce any written communications by CO Cody to the Employer in which he raised concerns about the matters which are the subject of theses grievances.

2Both parties shall also make best efforts to disclose as soon as possible after September 23, 2019, documents they intend to rely on at the hearing to the extent they are not covered by the above order.