GSB# 2018-1064

UNION# 2018-0649-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Jobson)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Diane Gee

Arbitrator

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jennifer Charlton Treasury Board Secretariat Employee Relations Advisor

HEARING

February 11, 2019

DECISION

1This matter is a grievance filed on behalf of Chester Jobson in which it is alleged that he did not receive the correct amount of severance pay upon his retirement.

2The GSB sent the parties a Notice of Hearing on which it was clearly indicated that the matter would commence on February 11, 2019 at 10:00 a.m. at the offices of the Grievance Settlement Board in Toronto in keeping with the Board’s usual practice.

3On February 11, 2019 at 10:00 a.m. the Employer’s representative, her advisors and witnesses, as well as the Union’s representative, were all in attendance. The grievor had not arrived. The Union representative indicated that he had been advised by the grievor that the grievor would not be in attendance at the hearing as he was required to attend to business interests. Having regard to the absence of the grievor, and his statement to his representative that he would not be attending, the hearing was adjourned.

4The grievor is hereby directed to provide to the Union representative detailed reasons for his non-attendance at the hearing of this matter scheduled for February 11, 2019, no later than February 28, 2019 failing which this matter will be dismissed with no further notice to the grievor.

5If detailed reasons are provided by the grievor, such reasons will be conveyed by the Union’s representative to the representative of the Employer who will in turn advise the Union and the GSB as to whether the Employer intends to bring a motion to have the matter dismissed as a result of the grievor’s failure to attend on February 11, 2019. If the Employer intends to bring such a motion the matter will be set down for a single day of hearing to argue the motion. If the Employer does not intend to bring such a motion the matter will be set down for a single day of mediation/arbitration to deal with the substance of the grievance.