GSB# 2021-3181; 2021-4310

UNION# 2022-0232-0001; 2022-0232-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bolgov)

Union

• and -

The Crown in Right of Ontario (Ministry of Agriculture, Food, and Rural Affairs)

Employer

BEFORE

Gordon F. Luborsky

Arbitrator

FOR THE UNION

Sarah Mikhaiel Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Paul Meier Legal Services Branch Treasury Board Secretariat Counsel

HEARING

November 17, 2022

Decision

1The Grievor requests an adjournment on short notice of today’s hearing. Having regard to the Parties’ submissions, I hereby order the following.

(a) No later than December 1, 2022, the Grievor, through union counsel, shall file complete particulars in writing, along with any documentary evidence in support, with respect to his asserted illness as per his email to the GSB as his reason for his non-attendance at the Board on November 17, 2022.

(b) If the Grievor provides particulars and information as directed by paragraph (a), then the Employer may request an opportunity to make submissions on whether the Board should dismiss the grievances. If such request is made, a hearing by videoconference shall be scheduled as early as possible. The Grievor’s grievances may be dismissed following consideration of any such submissions. If no such request is made by December 8, 2022, the grievances will be set down for hearing at a future date. Should the Grievor fail to attend on that date, the Parties may speak to that matter, which may include a dismissal of his grievances without further notice to him.

(c) If the Grievor fails to provide particulars and information as directed by paragraph (a), his grievances will be dismissed without further notice to him.

(d) If the grievances are set down for a future date, the Grievor must provide full particulars of his grievance bearing GSB #2021-4310 dated February 17, 2022 by no later than Tuesday, January 31, 2023. The Parties acknowledge that, on receipt of the Grievor’s particulars, the Employer may have preliminary objections, and they will work together to have them adjudicated in a timely and efficient manner (e.g., including through written submissions).

2The hearing scheduled for November 17, 2022 is accordingly adjourned on the above-noted terms, and I shall remain seized of the merits of the grievances along with any dispute respecting the interpretation and/or compliance with the foregoing terms.