HomeMy WebLinkAboutTowobola 19-06-10BETWEEN:
In the Matter of an Arbitration
THE SALVATION ARMY
AND
(THE "EMPLOYER")
OPSEU 550
(RE: Grievance of TOWOBOLA 2018 -0550 -0001)
BEFORE: Eli A. Gedalof, Sole Arbitrator
AWARD
("OPSEU")
1. I have been duly appointed as arbitrator with respect to the above
grievance arising under the collective agreement between the parties. On May
9, 2019, I issued an interim award on the following terms:
1.This matter was scheduled for hearing on May 8, 2019. The parties have
consented to the following order, which I hereby grant:
The grievor (or OPSEU) shall be required to provide Broadview with an
accurate written explanation for her failure to communicate about and attend
the May 8, 2019 hearing, by no later than 5:00 pm on June 7, 2019. If the
grievor (or OPSEU) does not provide an explanation to Broadview by this
date, then the grievance will be dismissed. If the grievor does provide an
explanation to Broadview by this date, then the parties will defer to Arbitrator
Gedalof to determine whether, in consideration of the explanation, the
grievance should proceed to hearing on November 18, 2019 as scheduled
or, alternatively, be dismissed.
The November 18, 2019 hearing date, as currently scheduled, is
presumptively peremptory. Unless the parties agree otherwise, if the grievor
fails to attend the hearing on this date for any reason other than
demonstrating compelling and extenuating circumstances, then the
grievance will be dismissed.
The parties will evenly split the Arbitrator's costs of the cancellation of the
May 8, 2019 hearing date.
2.I remain seized with this matter.
2. On June 10, 2019, I was advised that the grievor has failed to provide
any written explanation for her failure to communicate about and attend the
May 8, 2019 hearing. The grievance is therefore dismissed in accordance with
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paragraph 1 of my May 9, 2019 award, and the November 18, 2019 hearing
datels hereby cancelled.
Dated at Toronto, Ontario, this 10th day of June 2019.
Eli A. Gedalof, Sole Arbitrator
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