HomeMy WebLinkAbout2021-3181.Bolgov.2022-11-18 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# 2021-3181; 2021-4310
UNION# 2022-0232-0001; 2022-0232-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bolgov) Union
- and -
The Crown in Right of Ontario
(Ministry of Agriculture, Food, and Rural Affairs) Employer
BEFORE Gordon F. Luborsky Arbitrator
FOR THE UNION Sarah Mikhaiel
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Paul Meier
Legal Services Branch
Treasury Board Secretariat
Counsel
HEARING November 17, 2022
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Decision
[1] The Grievor requests an adjournment on short notice of today’s hearing. Having
regard to the Parties’ submissions, I hereby order the following.
(a) No later than December 1, 2022, the Grievor, through union counsel, shall file
complete particulars in writing, along with any documentary evidence in
support, with respect to his asserted illness as per his email to the GSB as his
reason for his non-attendance at the Board on November 17, 2022.
(b) If the Grievor provides particulars and information as directed by paragraph (a),
then the Employer may request an opportunity to make submissions on
whether the Board should dismiss the grievances. If such request is made, a
hearing by videoconference shall be scheduled as early as possible. The
Grievor’s grievances may be dismissed following consideration of any such
submissions. If no such request is made by December 8, 2022, the grievances
will be set down for hearing at a future date. Should the Grievor fail to attend
on that date, the Parties may speak to that matter, which may include a
dismissal of his grievances without further notice to him.
(c) If the Grievor fails to provide particulars and information as directed by
paragraph (a), his grievances will be dismissed without further notice to him.
(d) If the grievances are set down for a future date, the Grievor must provide full
particulars of his grievance bearing GSB #2021-4310 dated February 17, 2022
by no later than Tuesday, January 31, 2023. The Parties acknowledge that, on
receipt of the Grievor’s particulars, the Employer may have preliminary
objections, and they will work together to have them adjudicated in a timely and
efficient manner (e.g., including through written submissions).
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[2] The hearing scheduled for November 17, 2022 is accordingly adjourned on the
above-noted terms, and I shall remain seized of the merits of the grievances along
with any dispute respecting the interpretation and/or compliance with the foregoing
terms.
Dated at Toronto, Ontario this 18th day of November, 2022.
"Gordon F. Luborsky”
Gordon F. Luborsky, Arbitrator