GSB#2011-3772, 2011-3773

UNION#2011-0447-0003, 2011-0447-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lewis)

Union

• and -

The Crown in Right of Ontario (Ministry of Attorney General)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Stewart McMahon Ministry of Government Services Labour Practice Group Counsel

HEARING

November 14, 2012.

Decision

1This matter was scheduled for hearing on November 14, 2012. At the appointed commencement time of the hearing, which was stood down for half an hour in the event she was unavoidably delayed, the grievor failed to appear.

2Having regard to the agreement of the parties and subject to the following, the grievances in this matter will be deemed to have been dismissed two weeks following the date of this award.

3During that two week period, the union, should it wish to pursue this matter, must make submissions, including particulars, as to why the grievor failed to appear.

4The employer may or may not accept those submissions as providing a reasonable basis for the grievor’s failure to appear. In the former case, the matter will be re-listed for hearing. In the latter, the question of whether the grievor’s failure to appear was with or without reasonable justification and the ultimate determination of this matter will be the subject of a decision of this Board. Should such a decision be required, the Board will consult with the parties as to the process to be followed.

5In the absence of any submissions from the union in accordance with the foregoing, the instant grievances will be deemed to be dismissed effective two weeks from the date hereof.