HomeMy WebLinkAbout2018-3792.Rudder.21-01-19 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# 2018-3792
UNION# 2019-5112-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rudder) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Brian McLean
Arbitrator
FOR THE UNION
Manprit Singh
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 19, 2021 (by teleconference)
-2-
DECISION
[1] This is a grievance which alleges systemic workplace discrimination. A hearing
was scheduled for August 10, 2020. At the time set for the start of the hearing
the Grievor was not in attendance. Accordingly, the parties agreed to adjourn.
The employer’s consent to the adjournment was conditional on being provided
with the reasons for the Grievor’s absence and it reserved its right to make
arguments regarding those reasons.
[2] I convened a conference call today which was scheduled at the request of the
employer. On the call the employer indicated that it had not received particulars
about the reasons for the Grievor’s absence. Counsel for the union advised that
she had been in contact with the Grievor on the evening of August 10 but had
received no particulars from her (other than she was not feeling well) and the
Grievor had not, since that date, responded to emailed requests for information.
[3] Under these circumstances, it is unclear whether the Grievor wishes to proceed
with her grievance. If she wishes to do so, she must advise counsel for the union
of the reasons for her absence on August 20, 2020 including an explanation as to
why she did not contact the Union on the morning of the hearing date. If the
Grievor provides this information to the Union within 30 days of the date of this
decision, the employer will be permitted to make any arguments it wishes to
regarding the Grievor’s explanations. If the Grievor does not provide the
information required within 30 days of the date of this decision, the Grievance will
be dismissed.
[4] I am seized of this matter.
Dated at Toronto, Ontario this 19th day of January, 2021.
“Brian McLean”
______________________
Brian McLean, Arbitrator