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HomeMy WebLinkAbout2018-3149.Ramsook-Lall.22-12-14 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# 2018-3149; 2019-0060; 2019-0540; 2019-0541; 2019-0542; 2019-0597; 2019-0598; 2021-0464 UNION# 2018-0585-0026; 2019-0585-0001; 2019-0585-0004; 2019-0585-0005; 2019-0585-0006; 2019-0585-0007; 2019-0585-0008; 2021-0585-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ramsook-Lall) Union - and - The Crown in Right of Ontario (Ministry of Labour, Immigration, Training and Skills Development) Employer BEFORE David R. Williamson Arbitrator FOR THE UNION Farnaz Talebpour Ryder Wright Holmes Bryden Nam LLP Counsel FOR THE EMPLOYER Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel HEARING November 9, 2022 -2- Decision DECISION ON A PROCEDURAL MATTER [1] There are eight grievances filed by Ms. Ramsook-Lall before this board. The first hearing day was on September 17, 2019. Since then there have been multiple hearing days with proceedings held by videoconference on the Zoom Platform, and on which days numerous preliminary matters were raised and addressed, with several written decisions issued. [2] Opening statements on the merits of the grievances were then made by the parties on October 18, 2022 and October 19, 2022. On the next two scheduled hearing dates of November 8, 2022 and November 9, 2022 the grievor was to start giving her testimony in examination in chief. This, however, did not occur. [3] On November 8, 2022 the grievor sought to join the videoconference from home but experienced technical issues. She did not join the hearing until well after the start time, and when she did join others in the hearing were unable to hear her when she spoke. This problem remained uncorrected. The grievor did not commence her testimony on that date. [4] Prior to the end of the November 8, 2022 hearing day the employer advised that it had booked a separate, private boardroom at the workplace for the use of the grievor on the next hearing day of November 9, 2022. The union also advised that for the November 9th hearing the grievor could attend at its offices located at 31 Wellesley Street, Toronto. [5] These foregoing offers notwithstanding, on November 9, 2022 Ms. Ramsook-Lall attempted to join the videoconference from an alternative location of her own choosing but was unable to connect her computer to the hearing. As such, she was not present for the start of the hearing or for most of the morning. -3- Shortly before noon she was able to establish a partial connection on her cell phone but it was not of a sufficient quality that enabled us to proceed with the hearing that day. As such, the examination in chief of the grievor did not start at that time. [6] Against this background the employer has expressed its frustration with the inability of the grievor to attend the hearing, seeks an order requiring the grievor to present herself at the hearing in a timely manner on scheduled hearing dates, and has indicated that it will ask to have all the grievances dismissed if the grievor fails to attend the next scheduled hearing date or should these problems continue to persist in the future. The employer has indicated its willingness to book a separate, private Boardroom located at the grievor’s workplace for her use on every scheduled hearing date, and notes that the grievor has a work-issued laptop and cellphone that she is able to use to join the hearings. A similar offer of premises space for continuation hearings was not made by the union. [7] Subsequent to November 9, 2022, the arbitrator has received numerous submissions from the parties. Having reviewed these submissions, and with a view to having the hearing proceed in a smooth and efficient manner and enable the grievances to be heard, the following Order is made. ORDER [A] Having received the representations of the parties at a hearing held November 9, 2022, and in numerous subsequent written submissions, I hereby order as follows. [B] For all future scheduled hearing dates, the grievor is to attend at her usual place of work in the employer’s offices located at 2275 Midland Avenue, Scarborough, Ontario where the employer will provide the grievor with private space and internet connectivity in Boardroom 3, so as to enable the grievor to attend and participate in the hearing on all -4- scheduled dates. On each scheduled hearing day the grievor is to take her OPS-assigned laptop and cell phone to the hearing so as to ensure she has a means of accessing and participating in the hearing. [C] As an alternative to attending hearing days at the premises set out in 7B above, the grievor may elect to attend hearing days at the employer’s office premises at 5001 Yonge Street, North York, Ontario, where private space and internet connectivity will be provided for her use in Boardroom 3. Should the grievor elect to attend hearing days from this location, on each scheduled hearing day the grievor is to take her OPS- assigned laptop and cell phone to the hearing so as to ensure she has a means of accessing and participating in the hearing. [D] No later than seven days from the date of this Order the grievor is to notify union counsel as to which of the above office locations she elects to be present at on hearing days. Union counsel, in turn, is to promptly convey this information to employer counsel. [E] At least two working days ahead of each scheduled hearing day, employer counsel is to provide union counsel with particulars as to how on hearing days the grievor may access the building, boardroom, and internet, at the office location from where she will be attending on hearing days. Union counsel, in turn, is to promptly convey this information to the grievor. [F] The grievor is responsible for getting herself to the designated space provided at the employer’s premises in a timely manner, and for being prepared to attend and participate in the hearing from the scheduled start time and to stay until it ends. The employer is not responsible for any time spent at the hearing that goes beyond the grievor’s normal working day. -5- [G] The grievor is responsible for any and all expenses incurred by her from attending at the employer’s offices on a hearing day, including but not limited to meals, parking, mileage, public transit, and travel time. The grievor’s monetary entitlements when attending scheduled hearing days are as set out in Art. 22.5.2 of the collective agreement. [H] In the event the grievor fails to comply with this direction and does not attend one or more scheduled hearing dates, all the grievances may be dismissed should that be requested by the employer. [G] And it is so Ordered. Dated at Toronto, Ontario this 14th day of December, 2022. “David R. Williamson’ David R. Williamson, Arbitrator