GSB#2016-0744

UNION#2016-5112-0070

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ruddock-Rhoden)

Union

• and -

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

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Regina Wong Treasury Board Secretariat Counsel

HEARING

July 27, 2018

Decision

1I have before me a grievance dated June 1, 2016, filed on behalf of Ms. E. Ruddock-Rhoden, a Correctional Officer. Ms. Ruddock-Rhoden was on a leave of absence from approximately June 2008 until June 2010. Her grievance relates to the fact that she did not receive pension credits for the period of time she was on the leave of absence. There is no dispute that contributions on her behalf were not made to OPTrust for the period of time she was on her leave of absence. Ms. Ruddock-Rhoden claims that the Employer misled her about the process required for securing pension credits while on a leave of absence. Union counsel indicated that Ms. Ruddock-Rhoden also takes the position that she had not been paid at the appropriate hourly rate for a period of time and that this pay issue is also covered by her grievance. There is no reference to the pay issue in the grievance dated June 1, 2016. Apart from its position that there has not been a violation of the Collective Agreement, the Employer asserts that the grievance was not filed within the time limits set out in the Collective Agreement.

2This article 22.16 matter first came on for hearing on January 5, 2018. The parties made efforts to settle the outstanding issues on that day, but were unsuccessful. Ms. Ruddock-Rhoden did not attend that hearing in person, but was in contact with Union counsel by teleconference. On agreement of the parties, Ms. Ruddock-Rhoden’s grievance was scheduled for arbitration to be heard on July 27, 2018.

3Ms. Ruddock-Rhoden did not appear at the hearing on July 27, 2018, by 10:00 a.m. and she did not appear after the matter had been set down for at least thirty minutes. She did not contact Union counsel to provide a reason for her non-attendance, nor did she contact the Grievance Settlement Board (“the Board”) to explain her failure to attend the hearing. Employer counsel requested that the grievance dated June 1, 2016, be dismissed. I was not inclined to dismiss the grievance without giving Ms. Ruddock-Rhoden the opportunity to provide an explanation for her failure to appear at the hearing. Therefore, I hereby direct Ms. Ruddock-Rhoden to provide a written explanation to the Board through Union counsel by no later than August 15, 2018, with respect to the reason or reasons for her non-attendance at the Board on July 27, 2018, and with respect to the reason or reasons why adequate notice of her non-attendance was not provided to Union counsel or to the Board. Failure to respond to this direction by August 15, 2018, or the failure to provide adequate reasons for non-attendance at the Board on July 27, 2018, or adequate reasons for not providing notice of her non-attendance may result in the dismissal of the grievance dated June 1, 2016.