GSB# 2018-2983; 2018-3149; 2019-0060; 2019-0540; 2019-0541;

2019-0542; 2019-0597; 2019-0598; 2021-0464

UNION# 2018-0585-0023; 2018-0585-0026; 2019-0585-0001; 2019-0585-0004;

2019-0585-0005; 2019-0585-0006; 2019-0585-0007; 2019-0585-0008; 2021-0585-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ramsook-Lall)

Union

• and -

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

Employer

BEFORE

David R. Williamson

Arbitrator

FOR THE UNION

Farnaz Talebpour Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Counsel

HEARING

October 19, 2021

DECISION

1A hearing was held on October 19, 2021, to hear submissions from the Parties on a preliminary matter relating to the nine grievances of Indira Ramsook-Lall that are before the Board. Ms. Ramsook-Lall was present at the Hearing.

2At this time the Employer raised a concern it had as to the Grievor’s fitness to participate in and proceed with the arbitration hearing. This, it was emphasized, was not an expression of doubt as to the Grievor’s mental capacities, but rather an expression of concern as to the possible impact on the Grievor and her emotional and mental health of hearing evidence contrary to her own and facing rigorous cross-examination of her testimony that challenges her recollection and characterization of events over the past two to three years. This concern, it submits, arises out of its interaction with the grievor, and observation of her behaviour, over the past several years. Accordingly, the Employer seeks assurance that the Grievor is medically fit to proceed and that the hearing process will not bring about a worsening of the grievor’s medical situation or cause her harm. As such, the Employer asks the Board to Order that the Union provide an affirmation from the Grievor’s treating practitioner that the Grievor is medically fit to proceed, and that no cross-examination of the Grievor will take place until this medical assurance is provided.

3The Union asks that the Board deny the Employer’s request. It is the submission of the Union that there is no reasonable basis for this request, and submits that the Grievor’s actions have not been objectionable. The Union notes that the Grievor is aware that the arbitration process is tough, that her allegations will be challenged, and that she is willing to proceed on this basis and testify as to what occurred and happened to her. It is the submission of the Union that while certain actions of the Grievor may have raised doubts in the mind of the Employer as to her mental health and ability to get over past events, these were merely efforts to highlight her own experiences in a public forum and make the Employer more accountable. The Union asks that the Employer’s request be dismissed.

4The request of the Employer has been duly considered. Having reviewed the submissions I am unable to find that there is a sufficient or reasonable set of circumstances or medical grounds that would persuade me to issue an Order to the effect that the Grievor must provide an assurance from her treating practitioner that she is medically fit in order for the arbitration to proceed. From the submission of the Union I do find that the Grievor is aware of the nature of the arbitration process, note she has been informed she will likely be challenged on her recollections and testimony, and that she has expressed her willingness to go forward on that basis. The Employer’s request is accordingly denied.