GSB# 2017-2936; 2018-2950

UNION# 2017-0205-0034; 2018-0205-0044

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bremner)

Union

• and -

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

Employer

BEFORE

Gail Misra Arbitrator

FOR THE UNION

Lauren Tarasuk Koskie Minsky LLP Counsel

FOR THE EMPLOYER

Daria Vodova Treasury Board Secretariat Legal Services Branch Counsel

TELECONFERENCE

March 13, 2020

Preliminary Decision

1This is the third preliminary decision in this case. It addresses the Union’s request for the adjournment of the hearing date set for March 18, 2020 in Hamilton, Ontario.

2The grievor has provided to the Union a medical note indicating that due to health reasons she is unable to attend at the next day of hearing. Counsel for the Union has provided a copy of that note to counsel for the Employer. While the Employer does not oppose the adjournment in the circumstances, it seeks an order regarding the deadline set in the “Production and Particulars” decision issued on March 5, 2020 in this matter.

3Having regard to the grievor’s current circumstances; the March 5, 2020 decision; and the fact that this matter is scheduled to continue on May 20, 2020, I make the following directions:

1. The hearing scheduled for March 18, 2020 is hereby adjourned.
2. The Union is ordered to provide all relevant production and any further particulars, as ordered in the March 5, 2020 decision, to the Employer by May 1, 2020. In the event that it does not do so, in the absence of agreement, reasonable excuse, or extenuating circumstances, the Union may be precluded from relying on such documents and particulars.

4In light of the possible consequences of failing to comply with sub-paragraph 2 above, the grievor is advised to make her best efforts to assist the Union in complying with the deadline set so that the hearing into Ms. Bremner’s grievances may commence on the next day of hearing.

5I remain seized.