GSB# 2019-0852

UNION# 2019-0263-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grievor)

Union

• and -

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

Employer

BEFORE

David R. Williamson

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 31, 2021

DECISION

1A hearing was held on March 31, 2021 in regards to a grievance filed on behalf of the Grievor.

2The Employer counsel raised preliminary objections in regards to the sufficiency of the Union’s March 19, 2021 dated amended particulars, as well as in regards to the timeliness of some of the allegations contained in the amended particulars. Employer counsel further requested medical production from the Union.

3In the course of the March 31, 2021 hearing date, the parties reached agreements on the various issues raised, and I hereby order as follows:

(a) By May 31, 2021, the Union shall provide full particulars in relation to the Union’s allegations of a toxic workplace and systemic racism. The particulars are to include not merely legal conclusions, but in addition, the facts which the union and the Grievor assert support any such conclusion and demonstrate the alleged toxic workplace and systemic racism. With respect to each act or omission alleged, the particulars shall indicate what was done or not done, when, where, by what means and by whom and, to the extent motivation may be a relevant fact, with what motivation. For greater clarity, conclusory statements based on unparticularized allegations of fact are not sufficient and do not constitute particulars for purposes of this order. Failure to provide the particulars in accordance with this Order by May 31, 2021 will result in the dismissal of this aspect of the grievance.

(b) Paragraphs 19 to 21 of the Union’s March 19, 2021 dated amended particulars shall be struck and the Union shall not be permitted to adduce any evidence in relation to the events leading up to the Grievor filing the 2015 WDHP complaint or the Employer’s subsequent investigation and response to the 2015 WDHP complaint.

(c) By May 31, 2021, the Union shall disclose to the Employer:

1. The complete files of the Grievor's treating physicians (including but not necessarily limited to Dr. Caroline Correia, Dr. Kristen Jewell, and Doctor Jose Oscar Lopez Alonso) from January 2014 until the date of the filing of the present of grievance (May 14, 2019). This includes all notes, charts, emails, memoranda, letters or any other documentation pertaining to the Grievor.

2. Any document the Union wishes to rely on; and

3. Any other arguably relevant document.

(d) The hearing date of May 12, 2021 is adjourned on consent of the parties. The parties will contact the Registrar regarding scheduling of further hearing dates.