GSB#2007-2649

UNION#2007-0580-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kavanaugh)

Union

• and -

The Crown in Right of Ontario (Ministry of Community and Social Services)

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Felix Lau Ministry of Government Services Labour Practice Group Counsel

HEARING

November 4, 2010.

Decision

1This matter first came on for hearing on April 8, 2009 along with another unrelated grievance. That grievance, GSB 2007–0136 was dismissed as untimely in a written decision of the Board dated April 14, 2009.

2This matter again came on for hearing on December 16, 2009 for case management purposes. By then, the grievor had filed three other grievances being 2009–1688, 2009–1689 and 2009–1690. The discussions that day dealt with this matter, and it was scheduled for hearing on May 6, 2010.

3Prior to May 6, 2010 the Union was contacted by a paralegal retained by the grievor who advised the Union that an adjournment was being requested, and, in any event, the grievor would not be attending on May 6, 2010. He did not attend.

4On June 22, 2010 this matter was scheduled for hearing on November 4 and 24, 2010. On November 4, 2010 the grievor did not appear. The Union has advised that it was its understanding that he would not be attending.

5Due to the grievor’s failure to attend the hearing the Union was not in a position to call it’s evidence.

6In view of the grievor’s repeated failures to appear, and the lack of any evidence in this matter, the grievance is dismissed unless the grievor shows good and sufficient cause to satisfy the Board of the reasons for his absence on November 4, 2010. Unless a statement of the grievor’s explanation is filed by 5:00 pm, Friday, November 12, 2010, this matter is dismissed.