GSB# 2019-1930

UNION# 2019-0230-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Claer)

Union

• and -

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

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean White Treasury Board Secretariat Legal Services Branch Counsel

HEARING

May 7, 2021

Decision

1I have before me a grievance dated May 31, 2019, filed on behalf of Ms. Kelly Clear, who was a Registration Services Representative at the Ministry of Government and Consumer Services until her employment was declared abandoned pursuant to section 42 of the Public Service of Ontario Act, 2006, effective April 12, 2019.

2The Employer and the Union appeared by videoconference before the Grievance Settlement Board (“the Board”) on March 25, 2021, at 10:00 a.m. The Grievor did not appear at that hearing. In the absence of the Grievor on March 25, 2021, the parties nonetheless engaged in settlement discussions.

3The Employer and Union again appeared before the Board at a hearing by videoconference on May 7, 2021. The Grievor did not appear on that date, nor did she contact Union counsel or the Board to provide a reason for her non-appearance. The Employer has requested that Ms. Clear’s grievance be dismissed. In the circumstances, I am not inclined to dismiss the grievance without giving Ms. Clear the opportunity to provide an explanation for her failure to appear on the March 25 or May 7, 2021 hearing dates.

4Therefore, I hereby direct Ms. Clear to provide a written explanation to the Board through Union counsel by no later than June 7, 2021, with respect to the reason or reasons for her non-appearance at the Board on March 25 and May 7, 2021, and with respect to the reason or reasons why adequate notice of her non-appearance was not provided to Union counsel or to the Board. Failure to respond to this direction by June 7, 2021, or the failure to provide adequate reasons for non-appearance at the Board on March 25 and May 7, 2021, or adequate reasons for not providing notice of her non-appearance may result in the dismissal of the grievance dated May 31, 2019.

5The Employer has reserved the right to argue that the grievance should be dismissed in the event the Grievor does not respond by June 7, 2021, or in the event the Employer is of the view that her explanations are insufficient. Should the Employer wish to bring a motion to dismiss the grievance on either basis, it is directed to do so by contacting the Board by no later than June 21, 2021, to make arrangements to bring this matter back before the Board.