HomeMy WebLinkAbout2010-1284.Thomas.20-03-13 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# 2010-1284; 2010-1885
UNION# 2010-0108-0041; 2010-0108-0043
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Thomas) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 17, 2019
-2-
DECISION
[1] Mr. Tyson Thomas, previously, a Correctional Officer at Elgin Middlesex
Detention Centre, filed two grievances on June 30 and September 10, 2010
alleging that the employer has breached various articles of the collective
agreement pertaining to the calculation of his continuous service date. The
grievor was notified by the union that his grievances were to be heard on October
16 and 17, 2019, pursuant to the expedited protocol agreed to by the parties (the
med-arb process). He did not attend, and he provided no explanation for why he
could not present himself.
[2] The parties seek an order compelling the grievor’s attendance at the next
scheduled hearing on April 22, 2020.
[3] At the outset of the hearing, the parties agreed that I had the jurisdiction to deal
with these matters. They also agreed that the grievances are appropriate for the
med-arb process. The parties asked that I issue an order on this motion without
precedent or prejudice, and without reasons.
[4] Having carefully considered the submissions of the parties, and the jurisprudence
of the Board, the grievor is hereby ordered to attend on April 22, 2020. Should
the grievor fail to attend on April 22, 2020, the hearing will proceed in his
absence and may be dismissed.
Dated at Toronto, Ontario this 13th day of March, 2020.
“D.J.D. Leighton”
________________________
D.J.D. Leighton, Arbitrator