HomeMy WebLinkAbout2022-5643.Tomka.22-10-06 Decision
Crown 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# 2022-5643
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative
and Professional
Crown Employees of Ontario
(Tomka)
Association
- and -
The Crown in Right of Ontario
(Ministry of Labour Immigration Training and Skills
Development)
Employer
BEFORE Annie McKendy Arbitrator
FOR THE
ASSOCIATION
Christine Davies
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING October 5, 2022
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Decision
[1] A mediation was scheduled in this matter for October 5, 2022. The Union
requested an adjournment in advance of the mediation, but the Employer did
not consent. The Complainant failed to attend the mediation. Counsel for the
Union explained that they have not been successful in reaching the
Complainant, that they are unsure if her address is current, and that her
phone had been disconnected.
[2] This Order addresses the next steps in this matter.
[3] The Employer consented that the matter be adjourned sine die subject to the
Complainant providing a suitable explanation for her inability to attend
today’s mediation.
[4] Given the challenge in locating the Complainant, AMAPCEO shall make best
efforts to communicate this Order to the Complainant. In addition to any other
steps they may deem appropriate, AMAPCEO shall send the Order by
registered mail to the Complainant’s last known address, requiring a
signature to acknowledge its receipt.
[5] In the event that the Complainant signs acknowledging receipt of the letter,
or otherwise communicates with AMAPCEO, she shall have 30 days from the
date of her signature or other communication, to communicate with
AMAPCEO to provide an explanation for her non-attendance including any
supporting documents. AMAPCEO shall promptly advise the Employer of the
fact of her signature or communication if the Complainant does sign or
otherwise communicate. Notwithstanding the foregoing, any explanation and
supporting documents provided by the Complainant must be provided no
later than January 20, 2023.
[6] In the event that the Complainant does not sign for the letter or otherwise
communicate with AMAPCEO, the Complainant shall have until January 20,
2023, to provide an explanation for her non-attendance.
[7] If the Complainant fails to explain her absence as required by this order, or if
she fails to attend any future hearing dates, the parties will be invited to
provide submissions as to whether or not the dispute should be dismissed.
Nothing in this order precludes the parties from taking any position they may
see fit as to the adequacy of any explanation that may be provided by the
Complainant for not attending the October 5, 2022 mediation date, or any
position they may see fit in the event the Complainant has not communicated
with AMAPCEO.
[8] If the Complainant communicates with the Employer prior to January 20,
2023, the employer shall advise AMAPCEO of the fact of the communication
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and will provide the Union with any contact information for the Complainant
contained in the communication. The Employer shall provide the Union with
copies of any email communications in the event that they are arguably
relevant to the dispute or dispute proceeding.
[9] I remain seized.
Dated at Toronto, Ontario this 6th day of October 2022.
"Annie McKendy”
Annie McKendy, Arbitrator