HomeMy WebLinkAbout2016-0744.Ruddock-Rhoden.18-07-30 Decision
Crown Employees
Grievance Settlement
Board
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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#2016-0744
UNION#2016-5112-0070
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ruddock-Rhoden) Union
- and -
The Crown in Right of Ontario
(The Ministry of Community Safety and Correctional Services) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Regina Wong
Treasury Board Secretariat
Counsel
HEARING July 27, 2018
- 2 -
Decision
[1] I have before me a grievance dated June 1, 2016, filed on behalf of Ms. E.
Ruddock-Rhoden, a Correctional Officer. Ms. Ruddock-Rhoden was on a leave
of absence from approximately June 2008 until June 2010. Her grievance
relates to the fact that she did not receive pension credits for the period of time
she was on the leave of absence. There is no dispute that contributions on her
behalf were not made to OPTrust for the period of time she was on her leave of
absence. Ms. Ruddock-Rhoden claims that the Employer misled her about the
process required for securing pension credits while on a leave of absence.
Union counsel indicated that Ms. Ruddock-Rhoden also takes the position that
she had not been paid at the appropriate hourly rate for a period of time and that
this pay issue is also covered by her grievance. There is no reference to the pay
issue in the grievance dated June 1, 2016. Apart from its position that there has
not been a violation of the Collective Agreement, the Employer asserts that the
grievance was not filed within the time limits set out in the Collective Agreement.
[2] This article 22.16 matter first came on for hearing on January 5, 2018. The
parties made efforts to settle the outstanding issues on that day, but were
unsuccessful. Ms. Ruddock-Rhoden did not attend that hearing in person, but
was in contact with Union counsel by teleconference. On agreement of the
parties, Ms. Ruddock-Rhoden’s grievance was scheduled for arbitration to be
heard on July 27, 2018.
[3] Ms. Ruddock-Rhoden did not appear at the hearing on July 27, 2018, by 10:00
a.m. and she did not appear after the matter had been set down for at least thirty
minutes. She did not contact Union counsel to provide a reason for her non-
attendance, nor did she contact the Grievance Settlement Board (“the Board”) to
explain her failure to attend the hearing. Employer counsel requested that the
grievance dated June 1, 2016, be dismissed. I was not inclined to dismiss the
grievance without giving Ms. Ruddock-Rhoden the opportunity to provide an
explanation for her failure to appear at the hearing. Therefore, I hereby direct
Ms. Ruddock-Rhoden to provide a written explanation to the Board through
Union counsel by no later than August 15, 2018, with respect to the reason or
reasons for her non-attendance at the Board on July 27, 2018, and with respect
to the reason or reasons why adequate notice of her non-attendance was not
provided to Union counsel or to the Board. Failure to respond to this direction by
August 15, 2018, or the failure to provide adequate reasons for non-attendance
at the Board on July 27, 2018, or adequate reasons for not providing notice of
her non-attendance may result in the dismissal of the grievance dated June 1,
2016.
Dated at Toronto, Ontario this 30th day of July 2018.
“Ken Petryshen”
Ken Petryshen, Arbitrator