GSB# 2020-2284; 2022-7751; 2022-12107; 2022-12108;
2022-12111; 2022-12112; 2023-00407; 2023-00579
UNION#2020-0555-0022; 2022-0533-0021; 2022-0533-0034;
2022-0533-0035; 2022-0533-0038; 2023-0533-0001;
2023-0533-0005; 2023-0533-0010
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 Public and Business Service Delivery))
Employer
BEFORE
Barry Fisher
Arbitrator
FOR THE UNION
James Craig Morrison Watts Counsel
FOR THE EMPLOYER
Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel
HEARING
November 6, 2023
Decision
1In a previous Case Conference held on June 29, 2023, I issued an order that the Employer was to file particulars of the discipline imposed that are the subject matter of some of these grievances and to do so by August 31, 2023.
2The Employer complied with this order.
3In the same Case Conference, I ordered the Union to provide particulars of the allegation that the Employer failed to accommodate the Grievor’s alleged disability which prevented him from returning to the office.
4The Union has failed to provide any such particulars because of the failure of the Grievor to communicate with the Union.
5As such, I am dismissing all the grievances and defences of the Grievor that relate to the allegation that the Employer failed to accommodate his alleged disability.
6This matter shall proceed on November 27, 2023, as previously scheduled.
7The Grievor is ordered to attend this hearing on November 27, 2023. If he fails to do so, all of the remaining grievances may be dismissed.
Dated at Toronto, Ontario this 7th day of November 2023.