GSB# 2023-01450

UNION# 2023-0468-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Miller)

Union

• and -

The Crown in Right of Ontario (Ministry of Public and Business Service Delivery)

Employer

BEFORE

Michael Lynk

Arbitrator

FOR THE UNION

Ali Mesbahian Unified LLP Counsel

FOR THE EMPLOYER

Jordanna Lewis Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 11, 2024

Decision

WHEREAS a grievance was filed by the Union on July 17, 2023. The grievance concerns the Employer’s alleged violation of its duty to accommodate the Grievor by, among other things, permanently changing the status of the Grievor’s employment from full-time to part-time effective February 6, 2023;

AND WHEREAS Arbitrator Michael Lynk was appointed to hear this matter;

AND WHEREAS on July 19, 2024, the Union requested production of all seemingly relevant documents in the Employer’s possession;

AND WHEREAS on August 19, 2024 the Employer produced some documents in its possession to the Union;

AND WHEREAS on August 22, 2024, the Union advised the Employer that it required further production of all seemingly relevant documents prior to the commencement of a hearing in this matter;

WHEREAS on August 27, 2024, Employer counsel has indicated that the documents would be furnished in the following week;

AND WHEREAS the Employer has not produced any further documents to date;

AND WHEREAS a conference call was held on October 11, 2024, relating to the Union’s request for further production;

AND WHEREAS the hearing of this matter is scheduled to resume on October 25, 2024;

The following order is made:

1The Employer shall provide to the Union all documents in the possession, power or control of the Employer which are arguably or seemingly relevant or have a semblance of relevance to the Employer’s decision to change the Grievor’s employment to part-time status. These documents include but are not limited to notes, letters, reports, statements, emails, memoranda, investigation files and any relevant documents whatsoever pertaining to:

a. All records of “next step” meetings and other follow-up communications referenced in the Health Information Summaries;

b. Any and all email correspondence and meeting notes between management, HRA and the DAS relating to the Grievor’s accommodation and employment status;

c. The Grievor’s personnel file; and

d. Any and all documents the Employer seeks to rely upon.

2The production in reference to paragraph 1. is to be made by no later than October 18, 2024.

3This order does not prejudice the Union’s right to request further production as needed.