GSB# 2022-8631; 2023-03409

UNION# 2022-0526-0028; 2024-0526-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bahadur)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Robin Lostracco Ontario Public Service Employees Union Senior Grievance Officer

FOR THE EMPLOYER

Maria-Kristina Ascenzi Treasury Board Secretariat Labour Practice Group Counsel

HEARING

October 17, 2024

Decision

1I have two grievances before me. The two grievances overlap and have been consolidated. The second grievance relates in part to a Forensic Investigation Team (“FIT”) investigation into certain conduct of the Grievor.

2On or about March 6, 2024, in response to a request by the Employer, the Grievor provided a medical indicating that she was unable to participate in the FIT investigation. On September 5, 2024, the Employer requested an updated medical which would address the Grievor’s ability to participate in the FIT investigation and also her ability to participate in these proceedings. The Grievor provided a further medical dated September 18, 2024, which stated in part the Grievor has “complex mental health issues and I am not the best qualified to complete the questionnaire”.

3The Union seeks production of certain documents, some of which relate to the FIT investigation. Most recently, by letter dated September 26, 2024, the Union requested production of additional documents by the Employer. The Employer has produced some documents but resists production of the remaining documents pending the outcome of the FIT investigation. The Employer also seeks to have these proceedings adjourned pending the outcome of that investigation.

4Having heard the representations of the parties, I make the following orders.

a) To the extent that the documents requested by Union’s September 26, 2024 letter do not relate to the FIT investigation, and the Employer does not otherwise object to producing them, the Employer is directed to produce those documents to the Union forthwith.

b) These proceedings are otherwise adjourned sine die until:

1. The Grievor provides fresh medical indicating that she is able to participate in the FIT investigation and a reasonable amount of time has subsequently passed to allow for the completion of the FIT investigation;

2. The Employer otherwise completes the FIT investigation; or

3. There is otherwise a material change in circumstances.