HomeMy WebLinkAbout2019-0790.Toman.19-12-16 Decision
Crown 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# 2019-0790
UNION# 2019-0555-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Toman) Union
- and -
The Crown in Right of Ontario
(Ministry of Government and Consumer Services) Employer
BEFORE Reva Devins Arbitrator
FOR THE UNION Robin Lostracco
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Benjamin Parry
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING December 16, 2019
- 2 -
Decision
[1] The Employer determined that the Grievor had abandoned his employment with the
Ontario Public Service and notified him that his employment was terminated in
accordance with the relevant provision of the Public Service of Ontario Act. The
Grievor filed a grievance and the matter was set down for arbitration. The first day
of arbitration was scheduled to start at 10 a.m. on December 16, 2019, however,
the Grievor was not present at the designated time, did not arrive within the next 60
minutes or advise the Board or the Union that he was unable to attend.
[2] The Union seeks an adjournment sine die. The Employer objects to the Union’s
request for an adjournment and requests that the grievance be dismissed. The
parties offered brief submissions and referred me to OPSEU (Sitek) v Ministry of
Community Safety and Correctional Services (2013), GSB #2012-0579 (Devins).
Decision
[3] Having considered the submissions of the parties, I am not prepared to grant the
Union’s request for an adjournment sine die. Nor is it appropriate, however, to
dismiss the grievance at this point of the proceedings. I adopt the reasons in Sitek
that “absent evidence to establish that there is some reasonable likelihood that the
Grievor will be able to participate at some later date, there is very little to be gained
by an indefinite adjournment of these proceedings. The Employer is entitled to
some finality.
Nonetheless, the Grievor has lost his employment with the OPS and every effort
should be made to permit him to challenge the Employer’s actions.”
- 3 -
[4] Accordingly, I will grant an adjournment on the following terms:
a. The Grievor must provide sufficient medical documentation by January 31,
2020 to support his inability to attend today’s hearing and setting out any
accommodation that will permit him to participate in the future.
b. The Union must provide particulars by January 31, 2020 of its challenge to
the Grievor’s termination.
c. A conference call will be convened at 12:30 p.m. on February 6, 2020. If
the Grievor has failed to comply with the terms set out in paragraph a and
b, above, I will hear final submissions on whether this matter should be
dismissed. If the Grievor has complied, then I will hear from the parties
regarding how they intend to proceed.
Dated at Toronto, Ontario this 16th day of December, 2019.
“Reva Devins”
Reva Devins, Arbitrator