GSB# 2023-01966
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Workers United Canada Council (Valliere)
Union
- and -
The Crown in Right of Ontario (Niagara Parks Commission)
Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Nick Ruhloff-Queiruga Gibson & Barnes LLP Counsel
FOR THE EMPLOYER
Nicole Singh Fasken Martineau DuMoulin LLP Counsel
HEARING
May 24, 2024
Decision
1The grievance before me alleges a three day suspension was unjust. It was set down for hearing by video-conference on May 24, 2024 to commence at 10:00 AM. Notice of the hearing was provided to the Union which in turn provided it to the Grievor. The Union was in touch with the Grievor as recently as May 23, 2024 at 4:30 PM, at which time the Grievor confirmed that she would travel to the Union’s office the next day in order to participate in the video-conference.
2On May 24, 2024, the Grievor did not attend at the Union’s office and did not contact the Union to explain her absence. The Grievor did not otherwise attempt to join the video-conference. Repeated attempts by the Union to contact the Grievor, including sending a representative to her home, were unsuccessful. At 12 noon, the Grievor still had not attended or contacted the Union and the matter was adjourned on the conditions set out below.
3In the absence of a reasonable explanation for the Grievor’s failure to attend the hearing on May 24, 2024, the grievance will be dismissed. The Union shall have until June 14, 2024 to file submissions, with any supporting documentation, as to why the grievance should not be dismissed. In the absence of such submissions the grievance will be dismissed, as it may be following consideration of any submissions filed. The Employer need not file responding submissions until and unless directed to do so.
Dated at Toronto, Ontario this 28th day of May 2024.