GSB# 2023-01336; 2023-01829; 2023-01830; 2023-02722

UNION# 2023-0582-0043; 2023-0582-0058;

2023-0582-0059; 2024-0582-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Michael)

Union

• and -

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

Employer

BEFORE

Kelly Waddingham

Arbitrator

FOR THE UNION

Adam Veenendaal Collins & Metcalfe LLP Counsel

FOR THE EMPLOYER

Suneel Bahal Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

April 14, 2025

Decision

1This matter first convened on July 30, 2024 at which time the parties engaged in preliminary settlement discussions and agreed to a schedule for case management.

2Following the July 30, 2024 hearing, the Employer agreed to OPSEU’s request to consolidate the four grievances filed by OPSEU on behalf of the Grievor.

3The matter reconvened on April 14, 2025 at 10:00 am via video conference. The Grievor did not appear or sign into the Zoom platform. Union Counsel provided the Grievor with the Zoom link on March 31, 2025 and the Grievor responded on April 1, 2025 thank you.

4The Arbitrator granted Union counsel’s request for a brief adjournment to allow counsel to attempt to contact the Grievor. Union counsel sent an email to the Grievor at 10:22am reminding the Grievor that the hearing was scheduled for 10:00am and again provided the Grievor with the Zoom link. Union counsel telephoned the Grievor at 10:37am and received a notification that the person at the number was not taking calls. Counsel was unable to leave a voice mail message.

5When the matter reconvened at 11:00am, the Grievor was not in attendance. Union counsel requested that the hearing be adjourned so that it could investigate and determine the reasons for the Grievor’s failure to attend.

6Employer counsel opposed the adjournment, but acknowledged the Grievance Settlement Board’s procedure of allowing the Union the opportunity to determine the reason for the non-attendance of the Grievor. The Employer counsel reserved its right to challenge the sufficiency of the Grievor’s reason for not attending the hearing on April 14, 2025 and/or seek dismissal of the grievances.

7Given the lack of information as to the reason for the Grievor’s non-attendance, an adjournment to June 9, 2025 is appropriate. The adjournment is conditional on the Grievor providing a full and frank explanation including any medical or other information to substantiate their non-attendance on April 14, 2025.

8When the matter reconvenes on June 9, 2025, the Arbitrator will consider if the Grievor has provided a satisfactory reason for their non attendance on April 14, 2025. Should the Employer take the position that the Grievor’s explanation is insufficient, then the Employer may renew its motion to dismiss.

9OPSEU is directed to provide the Grievor with a copy of this decision forthwith and the link for the June 9, 2025 hearing no later than one week before the hearing.

10I remind the Grievor that OPSEU will be advocating on their behalf. It is therefore imperative that the Grievor fully cooperate with OPSEU, including providing the Grievor’s most up to date contact information to OPSEU.