GSB# 2017-0616

UNION# 2017-0713-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Webb)

Union

• and -

The Crown in Right of Ontario (Ministry of Natural Resources and Forestry)

Employer

BEFORE

M.V. Watters

Arbitrator

FOR THE UNION

Alex Zamfir Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

December 3, 2019

DECISION

1At the hearing on December 3, 2019, counsel for the parties made submissions with respect to the process to be adopted to promote the timely and efficient hearing of the grievance going forward.

2After considering the submissions, it is ordered that:

i) The Employer is to identify positions, consistent with the limitations and restrictions outlined in the Functional Abilities Evaluation of April 29, 2019, that it considers suitable for the grievor to work in on an accommodated basis. The information obtained by the Employer is to be provided to the grievor in a timely manner for purposes of securing a medical clearance from his family physician to return to work;

ii) The Employer is to provide particulars to the Union by March 31, 2020 detailing its efforts to identify suitable positions for the grievor to work in on an accommodated basis including, the nature and scope of its search, the jobs identified together with their job duties, the status of the jobs and the Ministries canvassed; and

iii) The Union is to provide particulars to the Employer by March 31, 2020 relating to the earliest date the grievor could return, or could have returned, to work.

3If counsel require any clarification or assistance with respect to the above, a Conference Call can be scheduled to address any issues arising.