GSB# 2017-2790

UNION# 2017-0234-0217

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tomkinson)

Union

• and -

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

Employer

BEFORE

Gordon F. Luborsky

Arbitrator

FOR THE UNION

Georgina Watts Morrison Watts Counsel

FOR THE EMPLOYER

George Parris Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 10, 2020 (by videoconference)

DECISION

1The parties agreed at the outset of the hearing into this matter that I was properly appointed with jurisdiction to adjudicate this dispute.

2I was advised that the grievance alleges that the Employer failed to provide a safe workplace for the Grievor, Ms. Marlena Tomkinson, who is employed as a Correctional Officer, during an incident at the Vanier Centre for Woman, located in Milton, Ontario.

3After engaging in discussions with the parties for most of the hearing day, the matter did not resolve. In order to facilitate the hearing which is anticipated to require several days of testimony and argument, I issued the following procedural rulings:

(a) The matter is remitted to the Registrar to set down a hearing continuation date;

(b) Prior to the continuation date, the Union will provide to the Employer particulars of the specific days claimed by the Grievor for lost sick days arising out of her alleged injuries;

(c) Prior to continuation, the Union will also provide to the Employer particulars of all hours that are claimed for Compensatory Time Off (“CTO”) or its equivalent arising out of appropriate treatment for the alleged injuries;

(d) The Union will provide information to the Employer in response to its request for particulars of the specific breaches of the collective agreement and/or occupational health and safety legislation (or any other statute) alleged to have been violated by the Employer. If the information provided is unsatisfactory to the Employer, the parties are to schedule a conference telephone call with me at least two (2) weeks prior to the hearing date to resolve the issue or for appropriate instructions; and

(e) If there are any preliminary objections to be raised at the outset of the hearing by either party, they are to be identified to the other party and to me at least two (2) weeks in advance of the hearing continuation date.

4The matter is accordingly remitted to the Registrar to schedule a continuation date in the usual course.

5I shall remain seized to resolve any issues respecting the interpretation and/or implementation of the foregoing directions.