HomeMy WebLinkAbout2021-2471.Baker.24-09-18 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-2471; 2021-2472; 2021-3164; 2023-00430;
2023-00858; 2023-00860; 2023-01086
UNION# 2021-5112-0192; 2021-5112-0193; 2022-5112-0004;
2023-5112-0019; 2023-5112-0033; 2023-5112-0035; 2023-5112-0048
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Baker) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian McLean Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Suneel Bahal
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARINGS August 11 and September 16, 2024
- 2 -
Decision
[1] I have before me a number of grievances that, loosely speaking, arise out of the
same set of circumstances. Due to the complexity of the factual circumstances the
parties have spent some effort attempting to settle the grievances and/or case
manage those grievances that may remain for hearing. In this regard, the parties
have had two appearances before me where various offers to settle were made
and the parties have agreed to a method of proceeding, if necessary. If not all of
the grievances resolve, the Employer will make its opening statement on the next
hearing date, that being October 17, 2024.
[2] The parties have, however, been unable to deal with the grievances filed by one
Grievor, Kyle Martinez. The reason for that is that Mr. Martinez has not attended
either of the first two hearing days, nor has he provided an explanation for his
nonattendance. In this regard, the Union advised the Board that Mr. Martinez has
not been in contact with them.
[3] In these circumstances the Employer asserts that the grievance(s) filed by Mr.
Martinez should be dismissed. It argues that there is no explanation for his
absence or whether he is open to accepting the offer to settle it made to the
Grievor. His absence interferes with the Employer’s ability to prepare its case.
The Union argues that the Grievor should be provided with an opportunity to
explain his absences.
[4] I agree with the Union. It would be unfair to dismiss Mr. Martinez’s grievances
without him having an opportunity to explain why he has not been participating.
Mr. Martinez shall have two weeks from the date of this decision to advise the
Union of his explanation for his failure to attend the hearings to date (and whether
he accepts the Employer’s offer to settle). On receipt of his explanation, the Union
shall forthwith convey that information to the GSB and the Employer. The GSB will
then decide what to do next.
- 3 -
[5] If Mr. Martinez does not advise the Union of his explanation within two weeks of
the date of his decision his grievances will be deemed to be abandoned and/or
dismissed.
Dated at Toronto, Ontario this 18th day of September 2024.
“Brian McLean”
Brian McLean, Arbitrator