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
Gregg Gray Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Michelle LaButte Treasury Board Secretariat Employee Relations Advisor
HEARING
November 25, 2020
DECISION
Ms. Liz Haggith, a Nurse 2 at Elgin Middlesex Detention Centre, filed 14 grievances from November 27, 2016 to January 6, 2017, alleging that the employer 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 sought an order compelling the grievor’s attendance at the next scheduled hearing on April 22, 2020. The Board issued that order on March 13, 2020, compelling her attendance at the next scheduled hearing, stating that should the grievor not attend, the matter would proceed and could be dismissed.
The April 22, 2020 hearing was cancelled because of the Covid 19 pandemic and rescheduled to a virtual hearing on November 25, 2020. The grievor was given written notice of this hearing on November 19, 2020. She was also advised that without her attendance the union would not be able to advance her grievances. The grievor did not respond to the notice and failed to appear at the hearing on November 25, 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 precedential value, and without reasons.
Having carefully considered the submissions of the parties, the jurisprudence of the Board, and given the grievor failed to attend at the hearing, in breach of the March 13, 2020 order, the grievances are hereby dismissed.
Dated at Toronto, Ontario this 3rd day of May, 2021.