HomeMy WebLinkAbout2015-1364.Webster.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# 2015-1364
UNION# 2015-0108-0025
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Webster) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth
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] Ms. Judith Webster, a Nurse 2 at Elgin Middlesex Detention Centre, filed a
grievance on May 27, 2015 alleging that the employer breached various articles
of the collective by denying her request for a “compassionate” day. The
employer denies that there has been a breach of the collective agreement.
[2] On September 14, 2018, after failing to attend hearings scheduled pursuant to
the expedited med-arb protocol between the parties on September 12 and 13,
2018, the grievor was ordered by the Board to attend the next scheduled med-
arb dates in March and advised that if she did not appear the matter would
proceed, and might be dismissed for failure to attend. She did not appear at
these hearings. She also failed to attend on the next scheduled dates for med-
arb on October 16 or 17, 2019, and pursuant to the order of September 14, 2018,
her grievance was heard in her absence.
[3] At the outset of the hearing, the parties agreed that I had the jurisdiction to hear
this matter. They also agreed that the grievance is appropriate for the med-arb
process. They asked that I issue a decision on the grievance, without prejudice
or precedent and without reasons.
[4] Having carefully considered the submissions of the parties, and the jurisprudence
of the Board, the grievance is hereby dismissed.
Dated at Toronto, Ontario this 13th day of March, 2020.
“D.J.D. Leighton”
________________________
D.J.D. Leighton, Arbitrator