GSB# 2024-00857; 2024-00858

UNION# 2024-0706-0001; 2024-0706-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Polkowski)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Sarah Atkinson

Arbitrator

FOR THE UNION

Awnonna Rashid Collins & Metcalfe LLP Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

February 6, 2025

Decision

1There are two grievances before me. These matters were scheduled on August 20, 2024, for hearing on February 6, 2025.

2With respect to one grievance (#2024-00858, Union #2024-0706-0002), which involved merit increases to the Grievor’s pay, the parties appeared to be having productive settlement discussions and they are directed to continue those. The remaining grievance (#2024-00857, Union #2024-0706-0001) involves a claim that the Employer has violated the Collective Agreement management rights clause and Salary Schedule by not paying the Grievor for time worked.

3The Union advised that on February 5, 2025, at approximately 11:00 pm, the Grievor emailed Union counsel and advised that she would not be attending the hearing. No explanation was offered.

4The Grievor did not attend the hearing on February 6, 2025. As a result, the Union was not in a position to proceed with the grievance and sought an adjournment to enable the Grievor to attend.

5The Employer objected to the adjournment and brought a motion to dismiss the grievance on the merits. Given the Grievor’s absence, the Union was not in a position to respond.

6In all the circumstances, I am prepared to grant the Union’s request for an adjournment, subject to the caveat set out below.

7The parties are directed to promptly seek a mutually agreeable date with the Board, so that the next hearing date can proceed within a reasonable timeframe. The Grievor is directed to attend on that date.

8The Grievor is hereby advised that should she decide not to attend the hearing on that date, then the Union should come prepared to argue the merits of the grievance, with or without the Grievor’s attendance, and the Board will address the Employer’s request to dismiss this matter on the bases identified.