GSB# 2021-2471; 2021-2472; 2021-3164; 2023-00430; 2023-00858; 2023-00860; 2023-01086

UNION# 2021-5112-0192; 2021-5112-0193; 2022-5112-0004; 2023-5112-0019; 2023-5112-0033; 2023-5112-0035; 2023-5112-0048

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Baker)

Union

• and -

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

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARINGS

August 11 and September 16, 2024

Decision

1I have before me a number of grievances that, loosely speaking, arise out of the same set of circumstances. Due to the complexity of the factual circumstances the parties have spent some effort attempting to settle the grievances and/or case manage those grievances that may remain for hearing. In this regard, the parties have had two appearances before me where various offers to settle were made and the parties have agreed to a method of proceeding, if necessary. If not all of the grievances resolve, the Employer will make its opening statement on the next hearing date, that being October 17, 2024.

2The parties have, however, been unable to deal with the grievances filed by one Grievor, Kyle Martinez. The reason for that is that Mr. Martinez has not attended either of the first two hearing days, nor has he provided an explanation for his nonattendance. In this regard, the Union advised the Board that Mr. Martinez has not been in contact with them.

3In these circumstances the Employer asserts that the grievance(s) filed by Mr. Martinez should be dismissed. It argues that there is no explanation for his absence or whether he is open to accepting the offer to settle it made to the Grievor. His absence interferes with the Employer’s ability to prepare its case. The Union argues that the Grievor should be provided with an opportunity to explain his absences.

4I agree with the Union. It would be unfair to dismiss Mr. Martinez’s grievances without him having an opportunity to explain why he has not been participating. Mr. Martinez shall have two weeks from the date of this decision to advise the Union of his explanation for his failure to attend the hearings to date (and whether he accepts the Employer’s offer to settle). On receipt of his explanation, the Union shall forthwith convey that information to the GSB and the Employer. The GSB will then decide what to do next.

5If Mr. Martinez does not advise the Union of his explanation within two weeks of the date of his decision his grievances will be deemed to be abandoned and/or dismissed.