GSB# 2018-3792

UNION# 2019-5112-0022

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rudder)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Manprit Singh Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

HEARING

April 14, 2021 (by teleconference)

DECISION

1This is a grievance which was scheduled for hearing on August 10, 2020. The Grievor did not appear and provided no notice of her absence. Following the date scheduled for the hearing, the parties appeared in front of me by way of a conference call. After that call I issued the following decision dated January 19, 2021:

1This is a grievance which alleges systemic workplace discrimination. A hearing was scheduled for August 10, 2020. At the time set for the start of the hearing the Grievor was not in attendance. Accordingly, the parties agreed to adjourn. The employer’s consent to the adjournment was conditional on being provided with the reasons for the Grievor’s absence and it reserved its right to make arguments regarding those reasons.

2I convened a conference call today which was scheduled at the request of the employer. On the call the employer indicated that it had not received particulars about the reasons for the Grievor’s absence. Counsel for the union advised that she had been in contact with the Grievor on the evening of August 10 but had received no particulars from her (other than she was not feeling well) and the Grievor had not, since that date, responded to emailed requests for information.

3Under these circumstances, it is unclear whether the Grievor wishes to proceed with her grievance. If she wishes to do so, she must advise counsel for the union of the reasons for her absence on August 20, 2020 including an explanation as to why she did not contact the Union on the morning of the hearing date. If the Grievor provides this information to the Union within 30 days of the date of this decision, the employer will be permitted to make any arguments it wishes to regarding the Grievor’s explanations. If the Grievor does not provide the information required within 30 days of the date of this decision, the Grievance will be dismissed.

2I have been advised by that the Grievor provided no appropriate information in accordance with paragraph 3 of the decision. I convened another conference call on April 14, 2021 to understand if there was further information. There was not. Finally, I recently offered another opportunity for the information to be provided without success.

3In these circumstances, I have nothing before me to confirm that the Grievor wishes to continue to pursue the grievance and no real explanation about why the Grievor did not attend the August 10, 2020 hearing which was held by Videoconference. Accordingly, I dismiss the grievance in accordance with paragraph 3 of my January 19 decision.