GSB# 2022-10232
UNION# 2022-0234-4388
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Thompson)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Kelly Waddingham
Arbitrator
FOR THE UNION
Robert Healey Ryder Wright Holmes Bryden Nam LLP Counsel
FOR THE EMPLOYER
Caroline Cohen Treasury Board Secretariat Legal Services Branch Senior Counsel
HEARING
July 25, 2024
Decision
1This grievance alleges that the Employer has failed to accommodate the grievor Taylor Thompson
2The matter has been ongoing and reconvened for further mediation on July 25, 2024. Those mediation efforts proved unsuccessful and the parties engaged in discussion for purposes of case management. In the spirit of cooperation, and for purposes of attempting to focus and expedite this proceeding, the parties have agreed to the timeline set out below.
Schedule
3The following schedule for particulars, pre-hearing production and any preliminary motion(s) was agreed to on July 25, 2024:
September 3, 2024 – OPSEU shall deliver to the Employer comprehensive particulars of the grievance, including issues related to vacation credits and pension contributions. The submission shall include a full explanation and basis for the remedies sought, and detailed calculations of the amounts or credits owed. OPSEU shall make any remaining prehearing production requests to the Employer.
September 13, 2024 – The Employer shall make any prehearing production requests to OPSEU. During the mediation/case management hearing on July 25, 2024 the Employer sought pre-hearing production from OPSEU of the grievor's medical/health provider records (May 2021 to March 2023). Employer shall provide notice to OPSEU of any preliminary/procedural motions.
October 3, 2024 – The Employer shall provide to OPSEU the documents they do not object to producing.
December 13, 2024 – OPSEU shall provide the Employer with the requested medical records of the grievor (May 2021 and March 2023).
4In the event of an objection to the prehearing production of any document(s), the parties are required to submit full written submissions as to the basis for the objection. If necessary, any prehearing production requests will be addressed based on the parties’ written submissions before the next hearing date, scheduled for February 28, 2025.
5The first day of hearing on February 28, 2025 will deal with any outstanding preliminary/procedural issues.
6Continuation dates are scheduled for May 2, June 16 and July 15, 2025.
7All dates contained in this case management decision are subject to change on agreement of the parties or direction of the arbitrator.
Dated at Toronto, Ontario this 6th day of August 2024.