HomeMy WebLinkAbout2006-0552.Fach.13-02-12 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2006-0552, 2006-1628, 2006-2615, 2006-2616
UNION#2006-0128-0018, 2006-0128-0035, 2007-0128-0001, 2007-0128-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Fach) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Jackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING November 28, 2012.
- 2 -
Decision
[1] Ms. Candace Fach, a Regular Part time Nurse at the Sarnia Jail when she grieved in 2006
and 2007, alleged various breaches of the collective agreement regarding scheduling,
overtime and staffing. She is no longer an employee of the Ministry.
[2] The employer submitted that there had been no violations of the collective agreement. The
employer also took the position that the grievances should be dismissed because the grievor
failed to attend at the hearing. The grievor had also failed to attend an earlier scheduled
hearing.
[3] The union submitted that despite multiple efforts to contact the grievor in writing and by
telephone, she had not responded.
[4] The parties referred these grievances to mediation/arbitration in accordance with Article
22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had
the jurisdiction to deal with this matter. They asked that I issue a decision without precedent
or prejudice, and without written reasons.
[5] Having carefully considered the submissions of the parties, as well as the jurisprudence of
the Board, I find that I must deny these grievances because the grievor failed to attend the
hearing.
Dated at Toronto this 12th day of February 2013.
Deborah J.D. Leighton, Vice-Chair