GSB# 2020-1023; 2020-1024

UNION# 2020-0263-0003; 2020-0263-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Loboda)

Union

• and -

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

Employer

BEFORE

Annie McKendy

Arbitrator

FOR THE UNION

Ryan Ramdin Morrison Watts Hurtado Counsel

FOR THE EMPLOYER

Katie Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 26, 2024

Decision

1A hearing was scheduled in this matter on November 26, 2024. The Union requested an adjournment in advance of the hearing date for medical reasons, but the Employer did not consent. This Order addresses the next steps in this matter.

2The Employer objected to the adjournment based on the Grievor’s failure to provide particulars to advance the matter as agreed, and based on the fact that the matter had been adjourned several times before.

3By way of brief history, the present request for adjournment was the fifth since 2021. The last three requests were made because of the Grievor’s health, though no details of the health concerns were provided in support of any of the adjournment requests. The first of the health-related adjournments was the hearing scheduled on April 5, 2023. The Employer consented to this request with nominal conditions.

4The second such request was made for a hearing date scheduled on February 12, 2024. The Grievor again asserted medical concerns as the basis for the adjournment. Again, no supporting information was provided. This time the Employer consented with the following conditions:

The Union commits to advising the Employer at least 60 days in advance of the new hearing date whether the Grievor and Union are prepared to proceed and providing full particulars of the grievance at least 45 days in advance of the new hearing date. If the Union is requesting that date not proceed, it must provide full reasons as to why the Union is seeking an adjournment or any other course of action.

5In March of 2024 the Grievor was provided access to the workplace to gather certain documents needed to complete the particulars. The Employer sent a request for particulars and asked that they be provided by June 14, 2024. The Grievor was unable to meet the requested deadline and the Union agreed to a new deadline for particulars of August 9, 2024.

6On August 8, 2024 the Grievor advised that he would not be able to meet the August 9, 2024 deadline and that he did not know when he would be able to provide particulars. Particulars have not been provided to the Employer as of the date of this Order.

7On September 25, 2024 the Grievor requested an adjournment of the November 26, 2024 date, again for unspecified medical issues.

8The Parties convened a conference call on November 18, 2024, and subsequently met on November 26, 2024. I granted the adjournment with the following terms to ensure that there is no further delay in this matter without a sufficient reason.

9The Grievor will provide medical documentation to the Employer no later than 60 days in advance of the next hearing date from his treating physician or specialist. The medical documentation will confirm whether or not he is medically able to attend the hearing going forward, and should set out any restrictions that would prevent him from attending or any accommodations needed. Further requests for adjournment on a medical basis without sufficient substantiation or further failure to meet the deadlines set out herein may result in the adjournment request being denied or the Grievance being dismissed. Nothing herein prevents the Employer from bringing such a motion.

10The Union will provide particulars to the Employer on behalf of the Grievor no later than February 28, 2025. Failure to comply with this requirement, without sufficient medical explanation, may result in the Grievance being dismissed.

11The Employer will respond to the Union’s request for production by April 11, 2025, and advise the Union if it anticipates bringing any preliminary motions.

12I remain seized.