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

January 19, 2021 (by teleconference)

DECISION

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.

4I am seized of this matter.