HomeMy WebLinkAbout1980-0224.Distefano.81-05-22Between:
224180
IN THE MATTER OF AN ARBITRATION
Under The
CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Mrs. Eleanor Distefano
(previously Cornejo) Grievor ,
- And -
The Crown in Right of Ontario
(Ministry of the Solicitor
General) Employer.
Before:
For the Grievor:
For the Employer:
Prof. K. Swinton Vice Chairman
Mr. K. W. Preston Member
MS . M. Perrin Member
Mr. M. Pratt, Grievance Officer
Ontario Public Service Employees
Union
Mr. \V. J. Gorchinsky
Chief, Staff Relations Officer
Civil Servi~ce Commission
-2-
INTERIM AWARD
This is a grievance involving entitlement to
long term disability benefits under the collective
agreement. When the Board convened to hear the griev-
ance, the grievor, Mrs. Eleanor Distefano (previously
Cornejo), was not present. Mr. Pratt, her representa-
tive, stated that he had spoken to the grievor the eve-
ning before and asked her to meet with him at 8:30 a.m.,
prior to the hearing. She did not arrive for that meet-
ing, nor for the hearing at 9:30 a.m. She could not be
reached by telephone as she had,an unlisted telephone
number. A member of the union staff was sent to her
home, but received no answer.
As a result of the griever's failure to appear,
Mr. Gorchinsky, for the employer, asked the Board to treat
the grievance as abandoned and to dismiss it. He stated
that Mrs. Distefano had missed other meetings with regard
to this grievance.
While sympathetic to the employer's request,
the Board was concerned about possible injustice to the
grievor if she had a good reason for her absence. There-
fore, it was ordered that the grievance be dismissed
unless Mr. Pratt could provide a good and sufficient
reason for the crievor's absence by May 12, 1981. .
On May 12, we received a letter dated May 11
from Mr. Pratt stating that Mrs. Distefano had not been
present because she had learned in the early hours of
the day of the hearing that a parent had died. She
phoned Pratt at 7~30 a.m., but he,had already left for
work. She spent the rest of the day with her sister and
both left the next day for Scotland.
Having received th.is information, the Board
is prepared to grant the adjournment subject to one
further condition. Because of the employer's concern
that the grievor had missed previous'meetings without
notice or reason, we wish the grievor to provide an
affidavit confirming Mr. Pratt's information - that is,
confirming the death of her father or mother with the
date. Once this affidavit is provided, the case can be
rescheduled for bearing.
Since this panel of the Board did not enter
into the merits of the case, we will not remain seised
of jurisdiction and the case may be rescheduled before
another panel.
DATED at Toronto this 22nd day of May 1981.
-+ Prof. K. Swinton Vice Chairman