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HomeMy WebLinkAbout2023-01966 Valliere 24-05-28 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# 2023-01966 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Workers United Canada Council (Valliere) Union - and - The Crown in Right of Ontario (Niagara Parks Commission) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Nick Ruhloff-Queiruga Gibson & Barnes LLP Counsel FOR THE EMPLOYER Nicole Singh Fasken Martineau DuMoulin LLP Counsel HEARING May 24, 2024 - 2 - Decision [1] The grievance before me alleges a three day suspension was unjust. It was set down for hearing by video-conference on May 24, 2024 to commence at 10:00 AM. Notice of the hearing was provided to the Union which in turn provided it to the Grievor. The Union was in touch with the Grievor as recently as May 23, 2024 at 4:30 PM, at which time the Grievor confirmed that she would travel to the Union’s office the next day in order to participate in the video-conference. [2] On May 24, 2024, the Grievor did not attend at the Union’s office and did not contact the Union to explain her absence. The Grievor did not otherwise attempt to join the video-conference. Repeated attempts by the Union to contact the Grievor, including sending a representative to her home, were unsuccessful. At 12 noon, the Grievor still had not attended or contacted the Union and the matter was adjourned on the conditions set out below. [3] In the absence of a reasonable explanation for the Grievor’s failure to attend the hearing on May 24, 2024, the grievance will be dismissed. The Union shall have until June 14, 2024 to file submissions, with any supporting documentation, as to why the grievance should not be dismissed. In the absence of such submissions the grievance will be dismissed, as it may be following consideration of any submissions filed. The Employer need not file responding submissions until and unless directed to do so. Dated at Toronto, Ontario this 28th day of May 2024. “Ian Anderson” Ian Anderson, Arbitrator