HomeMy WebLinkAboutJones 23-02-03In a dispute under the collective agreement
BETWEEN
THE PINES LONG TERM CARE HOME
(“the Employer”)
And
ONTARIO PUBLIC SERVICE EMPLOYEES’ UNION
(“the Union”)
Re: Grievance of Sean Jones
Matthew Wilson – Sole Arbitrator
For the Employer:
John Bruce
Charlene Hofstetter
For the Union:
Indika Chandrasekara
A hearing in this matter was scheduled for February 2, 2023.
AWARD
1. I was appointed by these parties to hear the grievance of Sean Jones.
2. Mr. Jones, who worked in the Maintenance Department, for the Employer, was placed
on an unpaid leave of absence because he had not been vaccinated, nor had he
provided a reason for an exemption, pursuant to the provincial Directive that was in
place at the time. This was communicated to Mr. Jones in a letter dated November 8,
2021.
3. Mr. Jones filed a grievance challenging this determination on the basis that it was unjust
discipline. The Union forwarded the grievance to arbitration pursuant to the collective
agreement.
4. On March 15, 2022, the Employer offered to return Mr. Jones to work following the
removal of the vaccination requirement. In response, on April 27, 2022, Mr. Jones
submitted his resignation by email.
5. Notwithstanding the resignation, the Union pursued the matter to arbitration on behalf
of Mr. Jones. The Union communicated the details of the arbitration hearing (the date,
the time, the Zoom details) on several occasions to Mr. Jones by both letter and email.
Mr. Jones was not responsive to the Union’s efforts.
6. The parties attended the hearing on February 2, 2023 by Zoom. The Union was
prepared to advocate on Mr. Jones’ behalf. However, Mr. Jones was not in attendance.
7. The hearing was adjourned for 30 minutes to allow sufficient time for Mr. Jones to
attend. This would account for any time needed to deal with technology issues or to
reach out to the union to express any difficulties. By 10:30am, Mr. Jones had not
attended the hearing nor had he contacted the union.
8. I am satisfied that the Union made every reasonable effort to contact Mr. Jones.
Without Mr. Jones’ attendance, there is nothing for the parties to deal with and no issue
to be pursued.
9. Therefore, I dismiss the grievance.
Dated this 3rd day of February, 2023.
_______________
Matthew Wilson