Loading...
HomeMy WebLinkAbout2020-0838.Strickler.21-01-22 Decision Crown 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# 2020-0838 UNION# 2020-0154-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Strickler) Union - and - The Crown in Right of Ontario (Ontario Clean Water Agency) Employer BEFORE Deborah Leighton Arbitrator FOR THE UNION Anjana Kashyap Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Erika Montisano Treasury Board Secretariat Legal Services Branch Counsel HEARING January 20, 2021 - 2 - Decision [1] This matter was scheduled by the Ontario Grievance Settlement Board (GSB) on January 20, 2021, commencing at 10:00 am on a virtual platform, to hear the grievance of Mr. Tyler Strickler. The hearing notice sent to the parties included the details necessary to join the virtual hearing. Union counsel sent a copy of this notice to the Grievor well in advance of the hearing. She also made numerous calls and sent emails to the Grievor before the hearing. The Grievor did not respond. [2] On January 20, 2021, counsel for the employer and her advisors, and union counsel attended at the hearing. The Grievor did not appear. The employer advised that the Grievor was at work on January 20, 2021 and had access to a computer. During the hearing, counsel for the union attempted to contact the Grievor at work. There was no response. Counsel for the union advised that she could not proceed without the Grievor. Thus, the hearing had to be adjourned at 10:45 am. [3] Given Mr. Strickler’s failure to attend the hearing, he is hereby ordered to provide union counsel with the reason for his failure to appear at the hearing of this matter within 28 days from the date of this order. If he fails to provide timely reasons, the grievance may be dismissed without a further hearing. [4] If Mr. Strickler provides reasons, union counsel shall forward them to employer counsel. If upon reviewing the reasons, it is the employer’s intention to bring a motion that the matter ought to be dismissed, because of the Grievor’s failure to attend on January 20, 2021, counsel shall advise union counsel and the GSB so that a date may be set for the hearing of the motion. If counsel for the employer has no objection to the reasons provided for the Grievor’s failure to attend, she shall advise union counsel and the Board accordingly, so that a further hearing date may be scheduled. Dated at Toronto, Ontario this 22nd day of January, 2021. “Deborah Leighton” ________________________ Deborah Leighton, Arbitrator