GSB# 2015-1364

UNION# 2015-0108-0025

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Webster)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

September 13, 2018

DECISION

1Ms. Judith Webster, a Registered Nurse 2 at the Essex-Middlesex Detention Centre, filed a grievance on May 27, 2015, which proceeded to a hearing on September 12 and 13, 2018, pursuant to the expedited protocol agreed to by the parties (“medarbs”). The grievor did not attend the hearing on either of those dates.

2The Employer seeks an order of the Board compelling the attendance of the grievor at the next scheduled “medarb” dates on March 26 and 27, 2019. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue an order on this motion, without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby order that the grievor must attend on March 26 or 27, 2019 or her grievance may be dismissed for failure to appear.