GSB# 2004-3768, 2005-0390
UNION# 2005-0541-0002, 2005-0541-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Ahluwalia)
Union
- and -
The Crown in Right of Ontario (Ministry of Government Services)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors
FOR THE EMPLOYER
Simon Heath Counsel Ministry of Government Services
HEARING
March 14, 2007.
Decision
At the commencement of the scheduled hearing in this matter, union counsel advised that, on the previous day, communication had been received from the grievor indicating that she was ill and could not attend the hearing. This communication included a terse note from her physician.
The union sought to have the matter adjourned and rescheduled.
The parties were agreed, however, that this was not the first time that the grievor’s late advice regarding her inability to attend has resulted in the adjournment of proceedings before this Board, resulting in inconvenience and unnecessary costs for the parties and for this Board.
Further, union counsel has advised that despite attempts on his part, the grievor has failed to make herself available to discuss her grievances with counsel.
As a consequence, the union has so far been unable to provide the particulars the employer seeks in this case.
Having regard to the submissions of the parties (and noting no objection from either of them in respect of any of the following), I indicated I would and hereby do direct as follows:
The union is directed to provide particulars and full disclosure of its case to the employer not later than March 30, 2007.
The employer is directed to provide particulars and full disclosure of its case not later than April 16, 2007.
These dates may be adjusted by mutual consent of the parties.
Should the union fail to provide the particulars and full disclosure within the time limits directed herein, I will entertain any motion the employer may wish to make to dismiss the grievances in their entirety. Such a motion may, in consultation with the parties, be dealt with in an expedited fashion, including by way of written submissions and/or by teleconference.
Once the union provides the particulars and full disclosure within the time limits directed herein, I will entertain any motion the employer may wish to make to dismiss the grievances on the basis that the grievances, as amplified by the union’s particulars, fail to disclose a prima facie case. Such a motion and may, in consultation with the parties, be dealt with in an expedited fashion, including by way of written submissions and/or by teleconference.
Hearing on the merits of these grievances will be held on May 2, 2007. A notice of hearing will issue to the parties
The grievor is directed not to schedule or undergo medical appointments or procedures on May 2, 2007, except in an emergency. If the grievor is unable to attend the May 2, 2007 hearing for medical reasons, she will advise union counsel as soon as such inability to attend is known to her. Further, she will provide the Board, through union counsel, with a report from her attending physician indicating that the physician has been provided with a copy of this decision and outlining the reasons preventing the grievor from attending and indicating whether there is any reason that she was unable to anticipate her inability to attend.
Failure on the part of the grievor to comply with the directions of the Board described in the preceding paragraph may result in the dismissal of the grievances.
Dated at Toronto this 15th day of March 2007.