Ontario Public Service Employees Union (Morissette) v. The Crown in Right of Ontario (Ministry of Transportation), 2006 CanLII 37582

GSB# 2005-1851

UNION# 2005-0649-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Morissette)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Will Presley Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Ferina Murji Counsel Ministry of Government Services

HEARING

October 12, 2006.

Decision

1. On July 17, 2006, the above-captioned matter was set for a mediation-arbitration hearing by the Grievance Settlement Board, for October 12, 2006 in Sudbury, Ontario.
2. On October 12, 2006, at the hearing, the Union advised that the grievor would not be attending the hearing and attempts to reach him by telephone were unsuccessful. At the same time, the Employer advised that it had just been informed that the grievor had resigned from his employment with the Ministry, effective October 12, 2006.
3. The Employer, as a result, has moved to dismiss the grievance.
4. The Union is hereby given ten (10) business days from the date of this decision to provide an explanation of the grievor’s failure to attend the October 12, 2006 hearing and to show good cause why the grievance should not be dismissed.
5. If the Union does not provide the above explanation and or demonstrate good cause, this grievance will be dismissed by the Board.

Issued at Toronto this 16^th day of October, 2006.