GSB#2013-1694

UNION#2013-0547-0021

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Morgan)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Mary Lou Tims

Vice-Chair

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Heather McIvor Ministry of Government Services Legal Services Branch Counsel

HEARING

September 4, 2014

Decision

1The grievor, Ms. Sonya Morgan, filed a grievance (GSB #2013-1694) dated February 25, 2013.

2The matter was scheduled for arbitration on September 4 and October 17, 2014, to commence at 10:00 a.m. each day.

3The grievor did not attend at the hearing at 10:00 a.m. on September 4, 2014. The matter was adjourned for thirty minutes. By 10:30 a.m., the grievor had not appeared at the Board, and there was no indication that her appearance would be imminent.

4After hearing from Counsel, I order as follows:

(i) If the Union takes the position that the hearing in this matter should proceed on October 17, 2014, Union Counsel is to advise Employer Counsel and the Board accordingly within three weeks of the date of this Decision.

(ii) If Union Counsel does not so advise Employer Counsel and the Board within three weeks of the date of this Decision, the grievance will be deemed to have been dismissed.

(iii) If the Union advises within three weeks of the date of this Decision that it takes the position that the hearing in this matter should proceed on October 17, 2014, Union Counsel is directed to also provide to Employer Counsel and to file with the Board within the same three week period particulars of the reason(s) for the grievor’s nonattendance at the September 4, 2014 hearing.

(iv) Within one week of receipt of the notice and particulars referenced in paragraphs 4 (i) and (iii), Employer Counsel will advise Union Counsel and the Board whether or not the Employer is satisfied with the explanation provided and whether or not it agrees that the hearing should proceed on October 17, 2014.

(v) If there is a dispute between the parties as to the sufficiency of the grievor’s reasons for not attending the September 4 hearing and whether the hearing in this matter should proceed on October 17, 2014, Counsel will advise the Board and a teleconference will be convened to permit Counsel to make submissions.