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HomeMy WebLinkAbout2018-3792.Rudder.21-10-18 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB# 2018-3792 UNION# 2019-5112-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Rudder) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Brian McLean Arbitrator FOR THE UNION Manprit Singh Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel HEARING April 14, 2021 (by teleconference) -2- DECISION [1] This is a grievance which was scheduled for hearing on August 10, 2020. The Grievor did not appear and provided no notice of her absence. Following the date scheduled for the hearing, the parties appeared in front of me by way of a conference call. After that call I issued the following decision dated January 19, 2021. [1] This is a grievance which alleges systemic workplace discrimination. A hearing was scheduled for August 10, 2020. At the time set for the start of the hearing the Grievor was not in attendance. Accordingly, the parties agreed to adjourn. The employer’s consent to the adjournment was conditional on being provided with the reasons for the Grievor’s absence and it reserved its right to make arguments regarding those reasons. [2] I convened a conference call today which was scheduled at the request of the employer. On the call the employer indicated that it had not received particulars about the reasons for the Grievor’s absence. Counsel for the union advised that she had been in contact with the Grievor on the evening of August 10 but had received no particulars from her (other than she was not feeling well) and the Grievor had not, since that date, responded to emailed requests for information. [3] Under these circumstances, it is unclear whether the Grievor wishes to proceed with her grievance. If she wishes to do so, she must advise counsel for the union of the reasons for her absence on August 20, 2020 including an explanation as to why she did not contact the Union on the morning of the hearing date. If the Grievor provides this information to the Union within 30 days of the date of this decision, the employer will be permitted to make any arguments it wishes to regarding the Grievor’s explanations. If the Grievor does not provide the information required within 30 days of the date of this decision, the Grievance will be dismissed. [2] I have been advised by that the Grievor provided no appropriate information in accordance with paragraph 3 of the decision. I convened another conference call April on 14, 2021 to understand if there was further information. There was not. Finally, I recently offered another opportunity for the information to be provided without success. [3] In these circumstances, I have nothing before me to confirm that the Grievor wishes to continue to pursue the grievance and no real explanation about why the Grievor did not attend the August 10, 2020 hearing which was on Zoom. Accordingly, I dismiss the grievance in accordance with paragraph 3 of my January 19 decision. Dated at Toronto, Ontario this 18th day of October 2021. “Brian McLean” ______________________ Brian McLean, Arbitrator