HomeMy WebLinkAbout2011-3785.Savdie.13-05-29 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#2011-3785
UNION#2011-0555-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Savdie) Union
- and -
The Crown in Right of Ontario
(Ministry of Government Services) Employer
BEFORE Daniel Harris Vice-Chair
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER Heather McIvor
Ministry of Government Services
Labour Practice Group
Counsel
HEARING May 23, 2013.
- 2 -
Decision
[1] This matter first came on for mediation on December 3, 2012. At that time the
grievor failed to attend and the matter was adjourned to May 23, 2013 for
arbitration. Again, the grievor failed to appear.
[2] The Union asked that the matter again be adjourned. The Union made several
attempts to contact the grievor on the day of the hearing, to no avail.
[3] The Employer resisted the adjournment request. It said that the allegations dated
from 2008, and it would be prejudicial to further extend the delay in this matter.
It said there were production requests outstanding and the lengthy delays in this
matter were unfair to witnesses who would be called upon to recall events from
some time ago. It said that the grievor has shown little interest in progressing
these proceedings to completion, and it is a waste of the Board’s resources to
continue them. It asked that the grievance be dismissed.
[4] In reply, the Union said that it was unfair to characterize the grievor as being
disinterested. He had assisted the Union in the preparation of detailed particulars.
His failure to attend the mediation was said to be an innocent misunderstanding as
to the scheduled date. Further, the process has already been extended, so a brief
further delay would occasion no prejudice.
- 3 -
[5] In my view, there is an onus on the grievor to be attentive to the scheduling of his
grievance. As I understand it, the grievance resulted from the issuance of a letter
of reprimand for being disrespectful to the grievor’s managers. The grievance
alleges that the grievor was harassed and discriminated against. Such allegations
are serious and should be dealt with promptly. The grievor’s repeated failure to
attend at the Board leads me to conclude that the matter should be dismissed
unless the grievor can satisfy the Board that there is good reason for his failure to
attend on May 23, 2013.
[6] Accordingly, this matter will be administratively dismissed unless the Union is
able to present, prior to the close of business on June 6, 2013, that there was good
reason for the grievor’s failure to attend on May 23, 2013.
Dated at Toronto this 29th day of May 2013.
Daniel Harris, Vice-Chair