HomeMy WebLinkAbout2018-3792.Rudder.21-10-18 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
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 April 14, 2021 (by teleconference)
-2-
DECISION
[1] This is a grievance which was scheduled for hearing on August 10, 2020. The Grievor
did not appear and provided no notice of her absence. Following the date scheduled for
the hearing, the parties appeared in front of me by way of a conference call. After that
call I issued the following decision dated January 19, 2021.
[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.
[2] I have been advised by that the Grievor provided no appropriate information in
accordance with paragraph 3 of the decision. I convened another conference call April
on 14, 2021 to understand if there was further information. There was not. Finally, I
recently offered another opportunity for the information to be provided without success.
[3] In these circumstances, I have nothing before me to confirm that the Grievor wishes to
continue to pursue the grievance and no real explanation about why the Grievor did not
attend the August 10, 2020 hearing which was on Zoom. Accordingly, I dismiss the
grievance in accordance with paragraph 3 of my January 19 decision.
Dated at Toronto, Ontario this 18th day of October 2021.
“Brian McLean”
______________________
Brian McLean, Arbitrator