GSB# 2019-2326

UNION# 2019-0555-0024

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Vernon)

Union

• and -

The Crown in Right of Ontario (Ministry of Government and Consumer Services)

Employer

BEFORE

Gordon F. Luborsky

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch

HEARING

October 8, 2020 and December 2, 2021

DECISION

1The Union has advised that the Grievor is not in a position to proceed today because of illness and other reasons related to the unfortunate death of her grandfather. The Grievor had asked and received an adjournment of the earlier hearing date of November 25, 2021 for illness. This matter was originally set down for arbitration on October 8, 2020, at which time the parties unsuccessfully attempted to settle the dispute. The Union had agreed to provide the Employer with particulars of the Grievor’s grievance but nothing was received by the continuation date, more than one year later. Now the Union asks for the matter to be adjourned again. The Employer is agreeable to an adjournment but only on the following terms:

(a) that the Grievor will provide satisfactory medical proof to support her claim of being ill on November 25 and December 2, 2021; and

(b) that the Union will provide satisfactory particulars of the Grievor’s claims related to her grievance. These terms are agreeable to the Union.

Consequently I order as follows:

2The medical documentation and particulars will be provided to the Employer by Monday, January 31, 2022, but if they are not provided the grievance will be dismissed. In the event the Employer does not consider any or all of this documentation to be satisfactory, the parties will schedule a brief hearing with me via videoconference to deal with and to resolve their dispute in that regard.

3Once the documentation has been received to the satisfaction of all parties, the parties are then directed to contact the Registrar to reschedule this matter for hearing (the number of days to be determined by the parties).

4At least 30 days prior to the first hearing date, the parties will confirm by e-mail addressed directly to me that they are ready to proceed on the first hearing day so that we do not need to have another adjournment, failing which I will convene a brief videoconference meeting with counsel to resolve the matter.