GSB#2021-0575

UNION#2021-0503-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (D’Souza)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Kevin Banks

Arbitrator

FOR THE UNION

Matthew Appignanesi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jackson Donszelmann-Lund Treasury Board Secretariat Legal Services Branch Counsel

HEARING

April 3, 2023

Decision

1This matter was referred to me under Article 22.16 of the Collective Agreement.

2A hearing was scheduled on April 3^rd, 2023. The Grievor failed to attend the hearing. Counsel for the Union was unable to contact the Grievor to understand why she was unable to attend the scheduled hearing.

3This Order addresses the next steps in this matter.

4The Grievor is ordered to provide a sufficient written explanation to the parties and the Board for her non-attendance of the April 3^rd, 2023 hearing date, no later than April 13^th, 2023.

5In the event that the Grievor fails to provide this written explanation before April 13, 2023, the Employer reserves the right to provide submissions, at a teleconference hearing to be scheduled promptly, to dismiss the grievance for failure to provide a written explanation in a timely manner.

6In the event that the Grievor provides a written explanation before April 13, 2023, the Employer reserves the right to provide submissions as to whether or those reasons for non-attendance are sufficient to justify the matter continuing through the grievance procedure, including whether or not the grievance should be dismissed on the basis that those reasons are insufficient.

7To ensure that any subsequent hearing days proceed expeditiously, the Union is ordered to provide full particulars as to the substance and nature of the grievance and the allegations against the Ministry no later than 60 days prior to the next scheduled hearing day.