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 the Solicitor General)

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Michelle LaButte Treasury Board Secretariat Employee Relations Advisor

HEARING

October 17, 2019

DECISION

1Ms. Judith Webster, a Nurse 2 at Elgin Middlesex Detention Centre, filed a grievance on May 27, 2015 alleging that the employer breached various articles of the collective by denying her request for a "compassionate" day. The employer denies that there has been a breach of the collective agreement.

2On September 14, 2018, after failing to attend hearings scheduled pursuant to the expedited med-arb protocol between the parties on September 12 and 13, 2018, the grievor was ordered by the Board to attend the next scheduled med-arb dates in March and advised that if she did not appear the matter would proceed, and might be dismissed for failure to attend. She did not appear at these hearings. She also failed to attend on the next scheduled dates for med-arb on October 16 or 17, 2019, and pursuant to the order of September 14, 2018, her grievance was heard in her absence.

3At the outset of the hearing, the parties agreed that I had the jurisdiction to hear this matter. They also agreed that the grievance is appropriate for the med-arb process. They asked that I issue a decision on the grievance, without prejudice or precedent and without reasons.

4Having carefully considered the submissions of the parties, and the jurisprudence of the Board, the grievance is hereby dismissed.