GSB# 2010-1284; 2010-1885

UNION# 2010-0108-0041; 2010-0108-0043

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Thomas)

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

1Mr. Tyson Thomas, previously, a Correctional Officer at Elgin Middlesex Detention Centre, filed two grievances on June 30 and September 10, 2010 alleging that the employer has breached various articles of the collective agreement pertaining to the calculation of his continuous service date. The grievor was notified by the union that his grievances were to be heard on October 16 and 17, 2019, pursuant to the expedited protocol agreed to by the parties (the med-arb process). He did not attend, and he provided no explanation for why he could not present himself.

2The parties seek an order compelling the grievor’s attendance at the next scheduled hearing on April 22, 2020.

3At 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.

4Having 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 his absence and may be dismissed.