GSB# 2020-0838

UNION# 2020-0154-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Strickler)

Union

• and -

The Crown in Right of Ontario (Ontario Clean Water Agency)

Employer

BEFORE

Deborah Leighton

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Erika Montisano Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 20, 2021

Decision

1This matter was scheduled by the Ontario Grievance Settlement Board (GSB) on January 20, 2021, commencing at 10:00 am on a virtual platform, to hear the grievance of Mr. Tyler Strickler. The hearing notice sent to the parties included the details necessary to join the virtual hearing. Union counsel sent a copy of this notice to the Grievor well in advance of the hearing. She also made numerous calls and sent emails to the Grievor before the hearing. The Grievor did not respond.

2On January 20, 2021, counsel for the employer and her advisors, and union counsel attended at the hearing. The Grievor did not appear. The employer advised that the Grievor was at work on January 20, 2021 and had access to a computer. During the hearing, counsel for the union attempted to contact the Grievor at work. There was no response. Counsel for the union advised that she could not proceed without the Grievor. Thus, the hearing had to be adjourned at 10:45 am.

3Given Mr. Strickler’s failure to attend the hearing, he is hereby ordered to provide union counsel with the reason for his failure to appear at the hearing of this matter within 28 days from the date of this order. If he fails to provide timely reasons, the grievance may be dismissed without a further hearing.

4If Mr. Strickler provides reasons, union counsel shall forward them to employer counsel. If upon reviewing the reasons, it is the employer’s intention to bring a motion that the matter ought to be dismissed, because of the Grievor’s failure to attend on January 20, 2021, counsel shall advise union counsel and the GSB so that a date may be set for the hearing of the motion. If counsel for the employer has no objection to the reasons provided for the Grievor’s failure to attend, she shall advise union counsel and the Board accordingly, so that a further hearing date may be scheduled.