HomeMy WebLinkAbout2004-3768.Ahluwalia.07-03-15 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
Nj
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Ontario
GSB# 2004-3768,2005-0390
UNION# 2005-0541-0002, 2005-0541-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Ahluwalia)
- and -
The Crown in Right of Ontario
(Ministry of Government Services)
Bram Herlich
John Brewin
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Simon Heath
Counsel
Ministry of Government Services
March 14,2007.
Union
Employer
Vice-Chair
2
Decision
At the commencement of the scheduled hearing in this matter, union counsel advised
that, on the previous day, communication had been received from the grievor indicating that she
was ill and could not attend the hearing. This communication included a terse note from her
physician.
The union sought to have the matter adjourned and rescheduled.
The parties were agreed, however, that this was not the first time that the grievor's late
advice regarding her inability to attend has resulted in the adj ournment of proceedings before this
Board, resulting in inconvenience and unnecessary costs for the parties and for this Board.
Further, union counsel has advised that despite attempts on his part, the grievor has failed
to make herself available to discuss her grievances with counsel.
As a consequence, the union has so far been unable to provide the particulars the
employer seeks in this case.
Having regard to the submissions of the parties (and noting no objection from either of
them in respect of any of the following), I indicated I would and hereby do direct as follows:
1. The union is directed to provide particulars and full disclosure of its case
to the employer not later than March 30,2007.
2. The employer is directed to provide particulars and full disclosure of its
case not later than April 16, 2007.
3. These dates may be adjusted by mutual consent of the parties.
3
4. Should the union fail to provide the particulars and full disclosure within
the time limits directed herein, I will entertain any motion the employer
may wish to make to dismiss the grievances in their entirety. Such a
motion may, in consultation with the parties, be dealt with in an expedited
fashion, including by way of written submissions and/or by
tel econference.
5. Once the union provides the particulars and full disclosure within the time
limits directed herein, I will entertain any motion the employer may wish
to make to dismiss the grievances on the basis that the grievances, as
amplified by the union's particulars, fail to disclose a prima facie case.
Such a motion and may, in consultation with the parties, be dealt with in
an expedited fashion, including by way of written submissions and/or by
tel econference.
6. Hearing on the merits of these grievances will be held on May 2,2007. A
notice of hearing will issue to the parties
7. The grievor is directed not to schedule or undergo medical appointments
or procedures on May 2, 2007, except in an emergency. If the grievor is
unable to attend the May 2, 2007 hearing for medical reasons, she will
advise union counsel as soon as such inability to attend is known to her.
Further, she will provide the Board, through union counsel, with a report
from her attending physician indicating that the physician has been
provided with a copy of this decision and outlining the reasons preventing
the grievor from attending and indicating whether there is any reason that
she was unable to anticipate her inability to attend.
4
8. Failure on the part of the grievor to comply with the directions of the
Board described in the preceding paragraph may result in the dismissal of
the grievances.
Dated at Toronto this 15th day of March 2007.
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Bram Herlich, Vice-Chair