HomeMy WebLinkAbout2020-0838.Strickler.21-01-22 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# 2020-0838
UNION# 2020-0154-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Strickler) Union
- and -
The Crown in Right of Ontario
(Ontario Clean Water Agency) Employer
BEFORE Deborah Leighton Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Erika Montisano
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 20, 2021
- 2 -
Decision
[1] This matter was scheduled by the Ontario Grievance Settlement Board (GSB) on
January 20, 2021, commencing at 10:00 am on a virtual platform, to hear the
grievance of Mr. Tyler Strickler. The hearing notice sent to the parties included
the details necessary to join the virtual hearing. Union counsel sent a copy of
this notice to the Grievor well in advance of the hearing. She also made
numerous calls and sent emails to the Grievor before the hearing. The Grievor
did not respond.
[2] On January 20, 2021, counsel for the employer and her advisors, and union
counsel attended at the hearing. The Grievor did not appear. The employer
advised that the Grievor was at work on January 20, 2021 and had access to a
computer. During the hearing, counsel for the union attempted to contact the
Grievor at work. There was no response. Counsel for the union advised that she
could not proceed without the Grievor. Thus, the hearing had to be adjourned at
10:45 am.
[3] Given Mr. Strickler’s failure to attend the hearing, he is hereby ordered to provide
union counsel with the reason for his failure to appear at the hearing of this
matter within 28 days from the date of this order. If he fails to provide timely
reasons, the grievance may be dismissed without a further hearing.
[4] If Mr. Strickler provides reasons, union counsel shall forward them to employer
counsel. If upon reviewing the reasons, it is the employer’s intention to bring a
motion that the matter ought to be dismissed, because of the Grievor’s failure to
attend on January 20, 2021, counsel shall advise union counsel and the GSB so
that a date may be set for the hearing of the motion. If counsel for the employer
has no objection to the reasons provided for the Grievor’s failure to attend, she
shall advise union counsel and the Board accordingly, so that a further hearing
date may be scheduled.
Dated at Toronto, Ontario this 22nd day of January, 2021.
“Deborah Leighton”
________________________
Deborah Leighton, Arbitrator