HomeMy WebLinkAbout2010-1284.Thomas.21-05-03 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# 2010-1284; 2010-1885
UNION# 2010-0108-0041; 2010-0108-0043
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Thomas) 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 November 25, 2020
-2-
DECISION
[1] Mr. Tyson Thomas, previously, a Correctional Officer at Elgin Middlesex Detention
Centre, filed two grievances on June 30 and September 10, 2010 alleging that the
employer breached various articles of the collective agreement pertaining to the
calculation of his continuous service date. The grievor was notified by the union
that his grievances were to be heard on October 16 and 17, 2019, pursuant to the
expedited protocol agreed to by the parties (the med-arb process). He did not
attend, and he provided no explanation for why he could not present himself.
[2] The parties sought an order compelling the grievor’s attendance at the next
scheduled hearing on April 22, 2020. The Board issued that order on March 13,
2020, compelling his attendance at the next scheduled hearing, stating that should
the grievor not attend, the matter would proceed and could be dismissed.
[3] The April 22, 2020 hearing was cancelled because of the Covid 19 pandemic and
rescheduled to a virtual hearing on November 25, 2020. The grievor was given
written notice of this hearing on November 19, 2020. He was also advised that
without his attendance the union would not be able to advance his grievances.
The grievor did not respond to the notice and failed to appear at the hearing.
[4] At the outset of the hearing, the parties agreed that I had the jurisdiction to deal
with these matters. They also agreed that the grievances are appropriate for the
med-arb process. The parties asked that I issue an order on this motion without
precedential value, and without reasons.
[5] Having carefully considered the submissions of the parties, the jurisprudence of
the Board, and given the grievor failed to attend again, thereby breaching the order
of March 13, 2020 compelling attendance, I hereby dismiss these grievances.
Dated at Toronto, Ontario this 3rd day of May, 2021.
“D.J.D. Leighton”
________________________
D.J.D. Leighton, Arbitrator