HomeMy WebLinkAboutCooper 03-01-29 IN THE MATTER OF AN ARBITRATION
BETWEEN:
SAULT COLLEGE
-AND-
O.P.S.E.U.
(GRIEVANCE OF S. COOPER)
00D367 SUPPORT
Before: Susan Tacon, Chair
Sherril Murray, Union Nominee
David Cameletti, Employer Nominee
Appearances:
For the Union: Nelson Roland, Counsel
For the Employer: Victoria Chiappetta, Counsel
THIS MATTER WAS HEARD IN SAULT STE. MARIE ON:
JANUARY 23, 2001; NOVEMBER 20, 2001; JUNE 19, 2002; JANUARY 27, 2003
1
DECISION
This grievance concerns the termination of the grievor from his position with the College. There
have been several days of hearing, as noted infra. On January 27, 2003, the day scheduled for
reconvening the hearing, the parties entered into settlement discussions, as had been agreed in
advance. The employer responded to a union offer of settlement with a counter-proposal. At that
point and without warning, the grievor walked out of the heating, informing union counsel that he
was not prepared to remain, citing some unnamed medical condition. It had emerged, through
oral testimony of the grievor in direct examination, that he is diabetic but there is no medical
evidence before the arbitration board as to the grievor's medical condition, its severity, treatment
and impact upon the grievor's ability to attend at, and participate in, a hearing. A few minutes
after his initial departure from the hearing room but while still in the hotel where the hearing was
being held, the grievor again told union counsel that he (the grievor) would not proceed with the
hearing. The grievor then left the hotel premises.
Union counsel requested an adjournment of the proceedings until the next day on the ground that
a medical condition had been cited by the grievor. Employer counsel opposed an adjournment
and sought dismissal of the grievance.
In that regard, it should be noted that the grievor had also refused to attend an earlier scheduled
hearing of this matter, on January 23, 2001. That non-attendance resulted in the granting of an
adjournment of the proceedings on conditions, as set out in an Interim Decision of the arbitration
board dated January 27, 2001. When the hearing next reconvened on November 20, 2001, the
grievor advised union counsel that he was diabetic. Another adjournment was granted, on
conditions as set out in an Interim Decision of the arbitration board dated November 21, 2001, to
provide the union with an opportunity to obtain medical evidence related to the grievor's alleged
misconduct prior to the abandonment of his position with the College. No such medical evidence
has been obtained.
2
At this juncture and given the circumstances leading to this point, the arbitration board does not
regard it as sufficient to rely upon the grievor's bald assertion that medical grounds are the basis
for his sudden refusal to continue his attendance at the hearing. Four consecutive days had been
scheduled in January 2003 (27~ through 30m) and a further four consecutive days are scheduled in
February (17t~ through 20th) in order to conclude these proceedings. The adjournment in
November 2001 resulted in loss of two other heating days (November 20th and 21st).
The grievor's testimony in direct examination has been completed and he is about to be cross-
examined by employer counsel. The grievor is the first witness. The grievor is now refusing to
attend at the hearing. Union counsel informed the arbitration board that the grievor has been fully
advised by union counsel and the union's nominee on the arbitration board of the consequences of
the grievor's stated intention not to attend at the hearing and proceed with his evidence.
Notwithstanding this advice that the grievor must attend or his grievance would be dismissed, the
grievor has maintained his refusal to attend at, and participate in, the hearing.
Accordingly, the arbitration board has no choice but to dismiss the grievance.
DATED this January 29, 2003
Susan Tacon, Chair
"I concur"
Sherril Murray, Union Nominee
"I concur"
David Cameletti, Employer Nominee