HomeMy WebLinkAbout2019-2326.Vernon.21-12-03 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# 2019-2326
UNION# 2019-0555-0024
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Vernon) Union
- and -
The Crown in Right of Ontario
(Ministry of Government and Consumer Services) Employer
BEFORE
Gordon F. Luborsky
Arbitrator
FOR THE UNION
Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
HEARING October 8, 2020 and December 2, 2021
-2-
DECISION
[1] The Union has advised that the Grievor is not in a position to proceed today because
of illness and other reasons related to the unfortunate death of her grandfather. The
Grievor had asked and received an adjournment of the earlier hearing date of
November 25, 2021 for illness. This matter was originally set down for arbitration
on October 8, 2020, at which time the parties unsuccessfully attempted to settle the
dispute. The Union had agreed to provide the Employer with particulars of the
Grievor’s grievance but nothing was received by the continuation date, more than
one year later. Now the Union asks for the matter to be adjourned again. The
Employer is agreeable to an adjournment but only on the following terms:
(a) that the Grievor will provide satisfactory medical proof to support her
claim of being ill on November 25 and December 2, 2021; and
(b) that the Union will provide satisfactory particulars of the Grievor’s claims
related to her grievance. These terms are agreeable to the Union.
Consequently I order as follows:
[2] The medical documentation and particulars will be provided to the Employer by
Monday, January 31, 2022, but if they are not provided the grievance will be
dismissed. In the event the Employer does not consider any or all of this
documentation to be satisfactory, the parties will schedule a brief hearing with me
via videoconference to deal with and to resolve their dispute in that regard.
[3] Once the documentation has been received to the satisfaction of all parties, the
parties are then directed to contact the Registrar to reschedule this matter for
hearing (the number of days to be determined by the parties).
[4] At least 30 days prior to the first hearing date, the parties will confirm by e-mail
addressed directly to me that they are ready to proceed on the first hearing day so
that we do not need to have another adjournment, failing which I will convene a brief
videoconference meeting with counsel to resolve the matter.
Dated at Toronto, Ontario this 3rd day of December 2021.
“Gordon F. Luborsky”
_________________________
Gordon F. Luborsky- Arbitrator