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HomeMy WebLinkAbout2015-1364.Webster.20-03-13 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# 2015-1364 UNION# 2015-0108-0025 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Webster) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE D.J.D. Leighton Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Michelle LaButte Treasury Board Secretariat Employee Relations Advisor HEARING October 17, 2019 -2- DECISION [1] Ms. Judith Webster, a Nurse 2 at Elgin Middlesex Detention Centre, filed a grievance on May 27, 2015 alleging that the employer breached various articles of the collective by denying her request for a “compassionate” day. The employer denies that there has been a breach of the collective agreement. [2] On September 14, 2018, after failing to attend hearings scheduled pursuant to the expedited med-arb protocol between the parties on September 12 and 13, 2018, the grievor was ordered by the Board to attend the next scheduled med- arb dates in March and advised that if she did not appear the matter would proceed, and might be dismissed for failure to attend. She did not appear at these hearings. She also failed to attend on the next scheduled dates for med- arb on October 16 or 17, 2019, and pursuant to the order of September 14, 2018, her grievance was heard in her absence. [3] At the outset of the hearing, the parties agreed that I had the jurisdiction to hear this matter. They also agreed that the grievance is appropriate for the med-arb process. They asked that I issue a decision on the grievance, without prejudice or precedent and without reasons. [4] Having carefully considered the submissions of the parties, and the jurisprudence of the Board, the grievance is hereby dismissed. Dated at Toronto, Ontario this 13th day of March, 2020. “D.J.D. Leighton” ________________________ D.J.D. Leighton, Arbitrator