GSB# 2016-2287; 2016-2288; 2016-2289; 2016-2290; 2016-2291; 2016-2292; 2016-2293; 2016-2294; 2016-2295; 2016-2296; 2016-2297; 2016-2303; 2016-2304; 2016-2305
UNION# 2016-0108-0039; 2016-0108-0040; 2016-0108-0041; 2016-0108-0042;
2016-0108-0043; 2016-0108-0044; 2016-0108-0045; 2016-0108-0046; 2016-0108-0047;
2016-0108-0048; 2016-0108-0049; 2017-0108-0002; 2017-0108-0003; 2017-0108-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Haggith)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
John Wardell Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Michelle LaButte Treasury Board Secretariat Employee Relations Advisor
HEARING
October 17, 2019
DECISION
Ms. Haggith, a Nurse 2 at Elgin Middlesex Detention Centre, filed 14 grievances from November 27, 2016 to January 6, 2017, alleging that the employer has breached various articles of the collective agreement pertaining to workload issues. The grievor was notified but failed to attend for her hearing, on October 16 or 17, 2019, scheduled pursuant to the expedited protocol agreed to by the parties (the med-arb process).
The parties seek an order compelling the grievor’s attendance at the next scheduled hearing on April 22, 2020.
At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with these matters. They also agreed that the grievances are appropriate for the med-arb process. The parties asked that I issue an order on this motion without precedent or prejudice, and without reasons.
Having carefully considered the submissions of the parties, and the jurisprudence of the Board, the grievor is hereby ordered to attend on April 22, 2020. Should the grievor fail to attend on April 22, 2020, the hearing will proceed in her absence and may be dismissed.
Dated at Toronto, Ontario this 13th day of March, 2020.