GSB# 2019-0742

UNION# 2019-0534-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McDonald et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Diane L. Gee

Arbitrator

FOR THE UNION

Mae J. Nam Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

HEARING DATE

September 3, 2021

DECISION

1This matter is a group grievance filed on behalf of 23 individuals. The representative of the group on whose behalf the grievance was filed is Kevin Douglas.

2This matter was set down for hearing on September 3, 2021 commencing at 10:00 a.m. The hearing convened and at that time the representative of the 23 grievors, Kevin Douglas, was not in attendance. Nor had he arrived by 10:30 a.m. when the hearing was adjourned.

3Further to the Board’s inquiries, the Union advised that Mr. Douglas was aware of the hearing and had been provided with the link required to join the meeting. Further, the Union advised that attempts had been made to contact Mr. Douglas on the morning of the hearing by both text and email but no response was received.

4The Employer asked that grievance be dismissed, or in the alternative, that Mr. Douglas be allowed a short period of time to explain and provide supporting documentation for his failure to attend the hearing. Absent a compelling explanation, the Employer indicated that it would continue to take the position that the grievance be dismissed. The Union objected to the dismissal of the grievance an asked sufficient time be provided in order that the union could contact Mr. Douglas.

5Having regard to Mr. Douglas’ failure to attend the hearing and his failure to provide any notice of his non-attendance, I hear by order as follows:

Mr. Douglas is to contact the Union forthwith to provide an explanation for not attending the hearing on September 3, 2021 and not providing notice in advance of his non-attendance. The Union is to provide that explanation to the Board and to the Employer by no later than September 25, 2021. If Mr. Douglas advises he was unable to attend the hearing, supporting documentation is to be provided by Mr. Douglas.

Should Mr. Douglas not respond as directed above, within the time allowed, this grievance will be dismissed.

Should the Union provide Mr. Douglas’ explanation for his non-attendance at the hearing and his failure to provide any notice in advance, the Employer will have until Friday, October 8, 2021 to advise the Board and the Union as to whether it accepts Mr. Douglas’ explanation and agrees to reschedule the hearing of the grievance. Should the Employer take the position that Mr. Douglas’ explanation is insufficient and ask that the grievance be dismissed without a hearing on the merits, a case conference will be held to determine next steps.