HomeMy WebLinkAbout2018-3149.Ramsook-Lall.22-12-14 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# 2018-3149; 2019-0060; 2019-0540; 2019-0541;
2019-0542; 2019-0597; 2019-0598; 2021-0464
UNION# 2018-0585-0026; 2019-0585-0001; 2019-0585-0004;
2019-0585-0005; 2019-0585-0006; 2019-0585-0007; 2019-0585-0008; 2021-0585-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ramsook-Lall) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour, Immigration, Training and Skills Development) Employer
BEFORE
David R. Williamson
Arbitrator
FOR THE UNION
Farnaz Talebpour
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 9, 2022
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Decision
DECISION ON A PROCEDURAL MATTER
[1] There are eight grievances filed by Ms. Ramsook-Lall before this board.
The first hearing day was on September 17, 2019. Since then there have been
multiple hearing days with proceedings held by videoconference on the Zoom
Platform, and on which days numerous preliminary matters were raised and
addressed, with several written decisions issued.
[2] Opening statements on the merits of the grievances were then made by
the parties on October 18, 2022 and October 19, 2022. On the next two
scheduled hearing dates of November 8, 2022 and November 9, 2022 the grievor
was to start giving her testimony in examination in chief. This, however, did not
occur.
[3] On November 8, 2022 the grievor sought to join the videoconference from
home but experienced technical issues. She did not join the hearing until well
after the start time, and when she did join others in the hearing were unable to
hear her when she spoke. This problem remained uncorrected. The grievor did
not commence her testimony on that date.
[4] Prior to the end of the November 8, 2022 hearing day the employer advised
that it had booked a separate, private boardroom at the workplace for the use of
the grievor on the next hearing day of November 9, 2022. The union also advised
that for the November 9th hearing the grievor could attend at its offices located at
31 Wellesley Street, Toronto.
[5] These foregoing offers notwithstanding, on November 9, 2022 Ms.
Ramsook-Lall attempted to join the videoconference from an alternative location
of her own choosing but was unable to connect her computer to the hearing. As
such, she was not present for the start of the hearing or for most of the morning.
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Shortly before noon she was able to establish a partial connection on her cell
phone but it was not of a sufficient quality that enabled us to proceed with the
hearing that day. As such, the examination in chief of the grievor did not start at
that time.
[6] Against this background the employer has expressed its frustration with
the inability of the grievor to attend the hearing, seeks an order requiring the
grievor to present herself at the hearing in a timely manner on scheduled hearing
dates, and has indicated that it will ask to have all the grievances dismissed if the
grievor fails to attend the next scheduled hearing date or should these problems
continue to persist in the future. The employer has indicated its willingness to
book a separate, private Boardroom located at the grievor’s workplace for her use
on every scheduled hearing date, and notes that the grievor has a work-issued
laptop and cellphone that she is able to use to join the hearings. A similar offer
of premises space for continuation hearings was not made by the union.
[7] Subsequent to November 9, 2022, the arbitrator has received numerous
submissions from the parties. Having reviewed these submissions, and with a
view to having the hearing proceed in a smooth and efficient manner and enable
the grievances to be heard, the following Order is made.
ORDER
[A] Having received the representations of the parties at a hearing held
November 9, 2022, and in numerous subsequent written submissions,
I hereby order as follows.
[B] For all future scheduled hearing dates, the grievor is to attend at her usual
place of work in the employer’s offices located at 2275 Midland
Avenue, Scarborough, Ontario where the employer will provide the
grievor with private space and internet connectivity in Boardroom 3, so
as to enable the grievor to attend and participate in the hearing on all
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scheduled dates. On each scheduled hearing day the grievor is to take
her OPS-assigned laptop and cell phone to the hearing so as to ensure
she has a means of accessing and participating in the hearing.
[C] As an alternative to attending hearing days at the premises set out in 7B
above, the grievor may elect to attend hearing days at the employer’s
office premises at 5001 Yonge Street, North York, Ontario, where
private space and internet connectivity will be provided for her use in
Boardroom 3. Should the grievor elect to attend hearing days from this
location, on each scheduled hearing day the grievor is to take her OPS-
assigned laptop and cell phone to the hearing so as to ensure she has
a means of accessing and participating in the hearing.
[D] No later than seven days from the date of this Order the grievor is to
notify union counsel as to which of the above office locations she
elects to be present at on hearing days. Union counsel, in turn, is to
promptly convey this information to employer counsel.
[E] At least two working days ahead of each scheduled hearing day, employer
counsel is to provide union counsel with particulars as to how on hearing
days the grievor may access the building, boardroom, and internet, at the
office location from where she will be attending on hearing days. Union
counsel, in turn, is to promptly convey this information to the grievor.
[F] The grievor is responsible for getting herself to the designated space
provided at the employer’s premises in a timely manner, and for being
prepared to attend and participate in the hearing from the scheduled
start time and to stay until it ends. The employer is not responsible for
any time spent at the hearing that goes beyond the grievor’s normal
working day.
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[G] The grievor is responsible for any and all expenses incurred by her from attending
at the employer’s offices on a hearing day, including but not limited to meals,
parking, mileage, public transit, and travel time. The grievor’s monetary
entitlements when attending scheduled hearing days are as set out in Art.
22.5.2 of the collective agreement.
[H] In the event the grievor fails to comply with this direction and does not attend one
or more scheduled hearing dates, all the grievances may be dismissed should
that be requested by the employer.
[G] And it is so Ordered.
Dated at Toronto, Ontario this 14th day of December, 2022.
“David R. Williamson’
David R. Williamson, Arbitrator