GSB# 2015-3107; 2015-3305; 2016-0575; 2016-0576; 2016-0577; 2016-0578; 2016-0579; 2016-0580; 2016-0581; 2016-0582; 2016-0583; 2016-0584; 2016-0585; 2016-0586; 2016-0587

UNION# 2016-0585-0001; 2016-0585-0002; 2016-0585-0003; 2016-0585-0004; 2016-0585-0005; 2016-0585-0006; 2016-0585-0007; 2016-0585-0008; 2016-0585-0009; 2016-0585-0010;

2016-0585-0011; 2016-0585-0012; 2016-0585-0013; 2016-0585-0014; 2016-0585-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Faustino)

Union

• and -

The Crown in Right of Ontario (Ministry of Labour, Training and Skills Development)

Employer

BEFORE

Daniel Harris

Arbitrator

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

June 17 and 30, 2020 and July 20, 2020 (via videoconference)

DECISION

1Having heard the submissions of the Parties, and having reviewed the relevant documentation, including the job description, medical questionnaires and two Independent Medical Examinations, I find that the Grievor was unable to perform the duties of his home position from May 19, 2016 to July 20, 2020.

2I make no finding with respect to whether the Griever could perform the duties of his home position from July 21, 2020 onwards.

3At this time, based on the representations of the Parties and due to the specific facts of this case, I do not make any finding as to whether the Grievor was entitled to compensation of any kind whatsoever from May 19, 2016 to July 20, 2020. That matter is remitted back to the Parties to resolve.

4I remain seized with respect to any dispute arising out of this decision.