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

June 29, 2023

Decision

1The parties requested a Case Conference to work out some procedural matters for these various grievances.

I made the following order:

1. Grievance 2023-0533-0010 is added to the list of grievances before me.

2. This involves multiple issue including various disciplinary actions leading up to a dismissal. As the Employer has the onus of proving these issues, they shall provide whatever further particulars they rely upon by August 31, 2023.

3. In the remainder of the grievances the Union has the onus, so they shall provide particulars by September 30, 2023. Much of the Grievor’s claim seems to flow from his allegation that the Employer failed to accommodate a disability which prevented him from returning to the office. Therefore, I would expect that the Union’s particulars would disclose all the medical information which the Grievor intends to rely upon in this case.

4. The first hearing date is November 27, 2023.

5. In the past, certain individuals involved in this case have contacted me directly and not through their lawyers. This is not acceptable. This will not continue. If it does, I reserve the right to sanction the offending party, which sanction could include the dismissal of one or more of these grievances.