HomeMy WebLinkAbout2019-1930.Claer.21-05-10 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# 2019-1930
UNION# 2019-0230-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Claer) Union
- and -
The Crown in Right of Ontario
(Ministry of Government & Consumer Services) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sean White
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING May 7, 2021
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Decision
[1] I have before me a grievance dated May 31, 2019, filed on behalf of Ms. Kelly
Clear, who was a Registration Services Representative at the Ministry of Government and
Consumer Services until her employment was declared abandoned pursuant to section 42
of the Public Service of Ontario Act, 2006, effective April 12, 2019.
[2] The Employer and the Union appeared by videoconference before the
Grievance Settlement Board (“the Board”) on March 25, 2021, at 10:00 a.m. The Grievor
did not appear at that hearing. In the absence of the Grievor on March 25, 2021, the
parties nonetheless engaged in settlement discussions.
[3] The Employer and Union again appeared before the Board at a hearing by
videoconference on May 7, 2021. The Grievor did not appear on that date, nor did she
contact Union counsel or the Board to provide a reason for her non-appearance. The
Employer has requested that Ms. Clear’s grievance be dismissed. In the circumstances, I
am not inclined to dismiss the grievance without giving Ms. Clear the opportunity to
provide an explanation for her failure to appear on the March 25 or May 7, 2021 hearing
dates.
[4] Therefore, I hereby direct Ms. Clear to provide a written explanation to the
Board through Union counsel by no later than June 7, 2021, with respect to the reason or
reasons for her non-appearance at the Board on March 25 and May 7, 2021, and with
respect to the reason or reasons why adequate notice of her non-appearance was not
provided to Union counsel or to the Board. Failure to respond to this direction by June 7,
2021, or the failure to provide adequate reasons for non-appearance at the Board on
March 25 and May 7, 2021, or adequate reasons for not providing notice of her non-
appearance may result in the dismissal of the grievance dated May 31, 2019.
[5] The Employer has reserved the right to argue that the grievance should be
dismissed in the event the Grievor does not respond by June 7, 2021, or in the event the
Employer is of the view that her explanations are insufficient. Should the Employer wish
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to bring a motion to dismiss the grievance on either basis, it is directed to do so by
contacting the Board by no later than June 21, 2021, to make arrangements to bring this
matter back before the Board.
Dated at Toronto, Ontario this 10th day of May, 2021.
“Ken Petryshen”
________________________
Ken Petryshen, Arbitrator