GSB# 2002-1444
UNION# 2002-0506-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Goberdhan)
Union
- and -
The Crown in Right of Ontario (Ministry of Transportation)
Employer
BEFORE
Bram Herlich
Vice-Chair
FOR THE UNION
Robin Gordon Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Suneel Bahal Counsel Ministry of Government Services
HEARING
June 1, 2005.
Decision
At the commencement of the scheduled hearing in this matter, the union representative advised that she had just received a message from the grievor indicating that he was unable to and would not be attending the hearing. The union representative made unsuccessful efforts to contact the grievor to secure more information regarding his inability to attend. In the circumstances, the union representative felt compelled to seek an adjournment of the hearing. This request was met with some scepticism by the employer, no doubt because this was not the first time all concerned except the grievor had assembled on a scheduled hearing day only to learn that the grievor would not be attending. On the last occasion, the employer consented to the requested adjournment. This time it did not.
Notwithstanding the employer’s objection and not without some reluctance, I granted the adjournment. The matter will continue on a date to be set in consultation with the parties.
The grievor should not, however, assume that this is a scenario which can be repeated indefinitely. This matter, in the relative scheme of things, not an overly complicated one, has been in the process of litigation for some three years. The grievor, through his last minute failures to appear (for whatever reasons) has put the parties and this Board to considerable inconvenience. Further hearing dates in this matter will be peremptory on the grievor. Should he fail to attend, I will entertain any motion the employer may make to have the grievance dismissed in its entirety.
Dated at Toronto this 5^th^ day of June 2006.