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HomeMy WebLinkAbout2006-0552.Fach.13-02-12 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2006-0552, 2006-1628, 2006-2615, 2006-2616 UNION#2006-0128-0018, 2006-0128-0035, 2007-0128-0001, 2007-0128-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Fach) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Jackie Crawford Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING November 28, 2012. - 2 - Decision [1] Ms. Candace Fach, a Regular Part time Nurse at the Sarnia Jail when she grieved in 2006 and 2007, alleged various breaches of the collective agreement regarding scheduling, overtime and staffing. She is no longer an employee of the Ministry. [2] The employer submitted that there had been no violations of the collective agreement. The employer also took the position that the grievances should be dismissed because the grievor failed to attend at the hearing. The grievor had also failed to attend an earlier scheduled hearing. [3] The union submitted that despite multiple efforts to contact the grievor in writing and by telephone, she had not responded. [4] The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [5] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that I must deny these grievances because the grievor failed to attend the hearing. Dated at Toronto this 12th day of February 2013. Deborah J.D. Leighton, Vice-Chair