GSB# 2022-5643

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Tomka)

Association

• and -

The Crown in Right of Ontario (Ministry of Labour Immigration Training and Skills Development)

Employer

BEFORE

Annie McKendy

Arbitrator

FOR THE ASSOCIATION

Christine Davies Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

October 5, 2022

Decision

1A mediation was scheduled in this matter for October 5, 2022. The Union requested an adjournment in advance of the mediation, but the Employer did not consent. The Complainant failed to attend the mediation. Counsel for the Union explained that they have not been successful in reaching the Complainant, that they are unsure if her address is current, and that her phone had been disconnected.

2This Order addresses the next steps in this matter.

3The Employer consented that the matter be adjourned sine die subject to the Complainant providing a suitable explanation for her inability to attend today’s mediation.

4Given the challenge in locating the Complainant, AMAPCEO shall make best efforts to communicate this Order to the Complainant. In addition to any other steps they may deem appropriate, AMAPCEO shall send the Order by registered mail to the Complainant’s last known address, requiring a signature to acknowledge its receipt.

5In the event that the Complainant signs acknowledging receipt of the letter, or otherwise communicates with AMAPCEO, she shall have 30 days from the date of her signature or other communication, to communicate with AMAPCEO to provide an explanation for her non-attendance including any supporting documents. AMAPCEO shall promptly advise the Employer of the fact of her signature or communication if the Complainant does sign or otherwise communicate. Notwithstanding the foregoing, any explanation and supporting documents provided by the Complainant must be provided no later than January 20, 2023.

6In the event that the Complainant does not sign for the letter or otherwise communicate with AMAPCEO, the Complainant shall have until January 20, 2023, to provide an explanation for her non-attendance.

7If the Complainant fails to explain her absence as required by this order, or if she fails to attend any future hearing dates, the parties will be invited to provide submissions as to whether or not the dispute should be dismissed. Nothing in this order precludes the parties from taking any position they may see fit as to the adequacy of any explanation that may be provided by the Complainant for not attending the October 5, 2022 mediation date, or any position they may see fit in the event the Complainant has not communicated with AMAPCEO.

8If the Complainant communicates with the Employer prior to January 20, 2023, the employer shall advise AMAPCEO of the fact of the communication and will provide the Union with any contact information for the Complainant contained in the communication. The Employer shall provide the Union with copies of any email communications in the event that they are arguably relevant to the dispute or dispute proceeding.

9I remain seized.