GSB# 2016-0473; 2016-1897; 2016-2205; 2017-0263; 2017-0264

UNION# 2016-0504-0007; 2016-0504-0008;

2016-0504-0010; 2017-0504-0001; 2017-0504-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Di Matteo)

Union

• and -

The Crown in Right of Ontario (Ministry of Health)

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Henry Huang Treasury Board Secretariat Legal Services Branch Counsel

HEARING

July 22, 2020 (via videoconference)

Decision

1At today’s hearing in this matter I gave the following oral direction to the parties:

After hearing the submissions of counsel I hereby direct the parties as follows:

1. Counsel are directed to confer and agree upon a letter to be sent as soon as possible to the Grievor’s family Doctor and a letter to be sent to the Specialist seen by the Grievor on July 16, 2020. If the parties are unable to agree on the questions to be asked or the content of the letters I will remain seized to assist them if necessary.

2. Once there is agreement on the letters they are to be sent to me via email. I will then do an order directing the Doctor’s to respond to the questions and issues raised in the letters and append the letters to the order. The Doctor’s response to the letter shall be sent to union counsel.

3. Upon receipt of the responses from the two Doctors I will confer with Counsel to determine the appropriate next steps in this case. The employer has specifically requested that it be afforded the opportunity to make submissions as to whether or not the grievances should be dismissed. I agree with this request and will grant both parties the right to make submissions as to whether or not the grievances should be dismissed.