HomeMy WebLinkAbout2019-0742.McDonald et al.21-09-07 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# 2019-0742
UNION# 2019-0534-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McDonald et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE
Diane L. Gee
Arbitrator
FOR THE UNION
Mae J. Nam
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER
Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING DATE September 3, 2021
-2-
DECISION
[1] This matter is a group grievance filed on behalf of 23 individuals. The
representative of the group on whose behalf the grievance was filed is Kevin
Douglas.
[2] This matter was set down for hearing on September 3, 2021 commencing at 10:00
a.m. The hearing convened and at that time the representative of the 23 grievors,
Kevin Douglas, was not in attendance. Nor had he arrived by 10:30 a.m. when the
hearing was adjourned.
[3] Further to the Board’s inquiries, the Union advised that Mr. Douglas was aware of
the hearing and had been provided with the link required to join the meeting.
Further, the Union advised that attempts had been made to contact Mr. Douglas
on the morning of the hearing by both text and email but no response was
received.
[4] The Employer asked that grievance be dismissed, or in the alternative, that Mr.
Douglas be allowed a short period of time to explain and provide supporting
documentation for his failure to attend the hearing. Absent a compelling
explanation, the Employer indicated that it would continue to take the position that
the grievance be dismissed. The Union objected to the dismissal of the grievance
an asked sufficient time be provided in order that the union could contact Mr.
Douglas.
[5] Having regard to Mr. Douglas’ failure to attend the hearing and his failure to
provide any notice of his non-attendance, I hear by order as follows:
Mr. Douglas is to contact the Union forthwith to provide an explanation for not
attending the hearing on September 3, 2021 and not providing notice in
advance of his non-attendance. The Union is to provide that explanation to
the Board and to the Employer by no later than September 25, 2021. If Mr.
Douglas advises he was unable to attend the hearing, supporting
documentation is to be provided by Mr. Douglas.
Should Mr. Douglas not respond as directed above, within the time
allowed, this grievance will be dismissed.
Should the Union provide Mr. Douglas’ explanation for his non-attendance at
the hearing and his failure to provide any notice in advance, the Employer will
have until Friday, October 8, 2021 to advise the Board and the Union as to
whether it accepts Mr. Douglas’ explanation and agrees to reschedule the
hearing of the grievance. Should the Employer take the position that Mr.
Douglas’ explanation is insufficient and ask that the grievance be dismissed
-3-
without a hearing on the merits, a case conference will be held to determine
next steps.
Dated at Toronto, Ontario this 7th day of September, 2021.
“Diane L. Gee”
_________________________
Diane L. Gee, Arbitrator