HomeMy WebLinkAbout2021-0575.D'Souza.2023-04-03 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#2021-0575
UNION#2021-0503-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(D’Souza) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Kevin Banks Arbitrator
FOR THE UNION Matthew Appignanesi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Jackson Donszelmann-Lund
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING April 3, 2023
- 2 -
Decision
[1] This matter was referred to me under Article 22.16 of the Collective Agreement.
[2] A hearing was scheduled on April 3rd, 2023. The Grievor failed to attend the hearing.
Counsel for the Union was unable to contact the Grievor to understand why she was
unable to attend the scheduled hearing.
[3] This Order addresses the next steps in this matter.
[4] The Grievor is ordered to provide a sufficient written explanation to the parties and
the Board for her non-attendance of the April 3rd, 2023 hearing date, no later than
April 13th, 2023.
[5] In the event that the Grievor fails to provide this written explanation before April 13,
2023, the Employer reserves the right to provide submissions, at a teleconference
hearing to be scheduled promptly, to dismiss the grievance for failure to provide a
written explanation in a timely manner.
[6] In the event that the Grievor provides a written explanation before April 13, 2023, the
Employer reserves the right to provide submissions as to whether or those reasons
for non-attendance are sufficient to justify the matter continuing through the grievance
procedure, including whether or not the grievance should be dismissed on the basis
that those reasons are insufficient.
[7] To ensure that any subsequent hearing days proceed expeditiously, the Union is
ordered to provide full particulars as to the substance and nature of the grievance
and the allegations against the Ministry no later than 60 days prior to the next
scheduled hearing day.
Dated at Toronto, Ontario this 3rd day of April 2023.
“Kevin Banks”
________________________
Kevin Banks, Arbitrator