HomeMy WebLinkAbout2013-0936.Ellis.15-11-20 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#2013-0936, 2013-0937, 2013-0938
UNION#2013-0228-0052, 2013-0228-0053, 2013-0228-0054
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ellis) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Mary Lou Tims Vice-Chair
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Roslyn Baichoo
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 18, 2015
- 2 -
Decision
[1] The hearing in these matters was scheduled to proceed on June 1, 2015. The Union
requested an adjournment of that date, and such request was contested. The grievor did not
attend the hearing on June 1, 2015.
[2] Interim Decisions dated June 2 and September 30, 2015 have been issued.
[3] The hearing was convened on November 18, 2015 to hear the Employer’s motion that no
adjournment of the June 1, 2015 hearing was warranted, and that the grievances should be
dismissed given the grievor’s failure to attend the hearing on that date.
[4] Employer Counsel advised during the course of the proceedings and after discussions with
Union Counsel that the Employer would not pursue its position.
[5] After hearing from both Counsel, I order the following:
(i) The parties will set hearing dates to proceed with the grievances.
(ii) The Union will request that a summons be issued to compel the grievor’s attendance on
such dates and will ensure that the summons is served on the grievor.
(iii) As previously agreed by the parties, no liability will accrue from February 24, 2014 until the
date that the hearing on the merits first commences.
(iv) If the grievor fails to attend any future scheduled hearing day, the Union will not seek a
further adjournment of these proceedings unless there are compelling reasons to do so. No
further adjournment sought by the Union on the grievor’s behalf will be granted absent
compelling reasons.
(v) As acknowledged by the parties, should the grievor fail to attend a future scheduled hearing
day because of employment obligations, vacations plans, and/or miscommunication of any sort
between the Union and the grievor regarding scheduled dates, such circumstances will not
constitute compelling reasons to grant an adjournment and the Union will not argue otherwise.
[6] I retain jurisdiction in these matters.
Dated at Toronto, Ontario this 20th day of November 2015.
Mary Lou Tims, Vice Chair