GSB#2006-0552, 2006-1628, 2006-2615, 2006-2616

UNION#2006-0128-0018, 2006-0128-0035, 2007-0128-0001, 2007-0128-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fach)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

November 28, 2012.

Decision

1Ms. Candace Fach, a Regular Part time Nurse at the Sarnia Jail when she grieved in 2006 and 2007, alleged various breaches of the collective agreement regarding scheduling, overtime and staffing. She is no longer an employee of the Ministry.

2The employer submitted that there had been no violations of the collective agreement. The employer also took the position that the grievances should be dismissed because the grievor failed to attend at the hearing. The grievor had also failed to attend an earlier scheduled hearing.

3The union submitted that despite multiple efforts to contact the grievor in writing and by telephone, she had not responded.

4The parties referred these grievances to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.

5Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I find that I must deny these grievances because the grievor failed to attend the hearing.