Ontario Public Service Employees Union (Martin) v. The Crown in Right of Ontario (Ministry of Health and Long-Term Care), 2002 CanLII 45751

GSB#0733/01, 0734/01

UNION#01B248, 01B249

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Martin)

Grievor

-and-

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE Jules B. Bloch Vice-Chair

FOR THE GRIEVOR Kathleen Lawrence Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER Daniel Der Employee Relations Consultant Human Resources Branch Ministry of Health & Long-Term Care

HEARING January 10, 2002.

DECISION

1. On December 12, 2001, the parties signed a memorandum of settlement, in respect of the procedure to be followed as a consequence of the grievor Rachelle Martin’s failure to attend the arbitration that was to proceed before me on December 12, 2001.

2. The memorandum of settlement signed on December 12, 2001, requested that the Grievance Settlement Board (“GSB”) reconvene the mediation/arbitration at 5:00 p.m. on Thursday, January 10, 2002 at the GSB. The memorandum of settlement also provided that should the grievor fail to attend the hearing, on January 10, 2002, the vice-chair would dismiss both grievances.

3. The hearing was reconvened on Thursday, January 10, 2002 at 5:00 p.m. Rachelle Martin was not in attendance at that time. The vice-chair adjourned the hearing until 5:30 p.m. At 5:30 p.m., when the hearing reconvened, Rachelle Martin was still not in attendance. The Ministry’s representative requested that the vice-chair dismiss the grievances.

4. Having regard to the memorandum of settlement and the normal practice and procedure of the GSB, the grievances are dismissed.

Dated in Toronto, this 17^th day of January 2002.