HomeMy WebLinkAbout2013-1694.Morgan.14-09-05 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#2013-1694
UNION#2013-0547-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Morgan) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Mary Lou Tims Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Heather McIvor
Ministry of Government Services
Legal Services Branch
Counsel
HEARING September 4, 2014
- 2 -
Decision
[1] The grievor, Ms. Sonya Morgan, filed a grievance (GSB #2013-1694) dated February 25,
2013.
[2] The matter was scheduled for arbitration on September 4 and October 17, 2014, to
commence at 10:00 a.m. each day.
[3] The grievor did not attend at the hearing at 10:00 a.m. on September 4, 2014. The matter
was adjourned for thirty minutes. By 10:30 a.m., the grievor had not appeared at the Board,
and there was no indication that her appearance would be imminent.
[4] After hearing from Counsel, I order as follows:
(i) If the Union takes the position that the hearing in this matter should proceed
on October 17, 2014, Union Counsel is to advise Employer Counsel and the
Board accordingly within three weeks of the date of this Decision.
(ii) If Union Counsel does not so advise Employer Counsel and the Board within
three weeks of the date of this Decision, the grievance will be deemed to have
been dismissed.
(iii) If the Union advises within three weeks of the date of this Decision that it
takes the position that the hearing in this matter should proceed on October 17,
2014, Union Counsel is directed to also provide to Employer Counsel and to file
with the Board within the same three week period particulars of the reason(s) for
the grievor’s nonattendance at the September 4, 2014 hearing.
(iv) Within one week of receipt of the notice and particulars referenced in
paragraphs 4 (i) and (iii), Employer Counsel will advise Union Counsel and the
Board whether or not the Employer is satisfied with the explanation provided and
whether or not it agrees that the hearing should proceed on October 17, 2014.
(v) If there is a dispute between the parties as to the sufficiency of the grievor’s
reasons for not attending the September 4 hearing and whether the hearing in this
matter should proceed on October 17, 2014, Counsel will advise the Board and a
teleconference will be convened to permit Counsel to make submissions.
Dated at Toronto, Ontario this 5th day of September 2014.
Mary Lou Tims, Vice-Chair