GSB# 2003-1823

UNION# 2003-0635-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lewis)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Natural Resources)

Employer

BEFORE

Loretta Mikus

Vice-Chair

FOR THE UNION

Mark Barclay Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Rhonda Smith Staff Relations Officer Ministry of Natural Resources

HEARING

May 19, 2004.

Decision

At the mediation held in Sudbury on May 19, 2004, the grievor, Steve Lewis, failed to appear. He had received notice of the mediation and had assured Mr. Mark Barclay, that he would be attending.

Ms. Rhonda Smith, representing the Ministry, asked this Board to dismiss the grievance, asserting that the grievor has indicated a lack of interest in proceeding by his failure to appear.

At this stage of the proceedings I am not prepared to grant the Ministry’s motion. I am advised he intended to appear and, in the absence of an explanation for his failure to do so, I cannot simply dismiss his grievance.

The matter will be set down for another hearing date by the registrar, and if the grievor fails to appear the Ministry may renew its motion to dismiss.

Dated at Toronto this 26^th day of May, 2004.