GSB#2009-1107

UNION#2009-0504-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mance)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Peter Dailleboust Ministry of Government Services Legal Services Branch Counsel

HEARING

September 13, 2010.

Decision

1Hearing in this matter was scheduled to continue today to hear the balance of the grievor’s evidence. However, by 10:30 AM the grievor had failed to appear.

2The union requested an adjournment, which the employer initially resisted. However, as the matter is scheduled to continue on Friday, the employer was prepared to agree to the adjournment provided that it be peremptory on the grievor’s attendance at the next scheduled hearing day. Further, the employer reserves the right to require a reasonable justification for the grievor’s failure to attend today as a condition of any continuation of the hearing.

3In view of the positions of the parties, today’s hearing is hereby adjourned. The manner will continue, as scheduled, on Friday, September 17, 2010. Should the grievor fail to appear, I will entertain any employer motion to dismiss the case at that point. Should the grievor appear, the union will be required to advise the employer (at or prior to the hearing) of the reasons for the grievor’s non-attendance today and the Board may entertain any motion employer wishes to make it as a consequence of that explanation.