GSB# 2019-0790

UNION# 2019-0555-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Toman)

Union

• and -

The Crown in Right of Ontario (Ministry of Government and Consumer Services)

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Robin Lostracco Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Benjamin Parry Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

December 16, 2019

Decision

1The Employer determined that the Grievor had abandoned his employment with the Ontario Public Service and notified him that his employment was terminated in accordance with the relevant provision of the Public Service of Ontario Act. The Grievor filed a grievance and the matter was set down for arbitration. The first day of arbitration was scheduled to start at 10 a.m. on December 16, 2019, however, the Grievor was not present at the designated time, did not arrive within the next 60 minutes or advise the Board or the Union that he was unable to attend.

2The Union seeks an adjournment sine die. The Employer objects to the Union’s request for an adjournment and requests that the grievance be dismissed. The parties offered brief submissions and referred me to OPSEU (Sitek) v Ministry of Community Safety and Correctional Services (2013), GSB #2012-0579 (Devins).

Decision

3Having considered the submissions of the parties, I am not prepared to grant the Union’s request for an adjournment sine die. Nor is it appropriate, however, to dismiss the grievance at this point of the proceedings. I adopt the reasons in Sitek that “absent evidence to establish that there is some reasonable likelihood that the Grievor will be able to participate at some later date, there is very little to be gained by an indefinite adjournment of these proceedings. The Employer is entitled to some finality.

Nonetheless, the Grievor has lost his employment with the OPS and every effort should be made to permit him to challenge the Employer’s actions.”

4Accordingly, I will grant an adjournment on the following terms:

a. The Grievor must provide sufficient medical documentation by January 31, 2020 to support his inability to attend today’s hearing and setting out any accommodation that will permit him to participate in the future.

b. The Union must provide particulars by January 31, 2020 of its challenge to the Grievor’s termination.

c. A conference call will be convened at 12:30 p.m. on February 6, 2020. If the Grievor has failed to comply with the terms set out in paragraph a and b, above, I will hear final submissions on whether this matter should be dismissed. If the Grievor has complied, then I will hear from the parties regarding how they intend to proceed.