GSB#2012-2853, 2012-3256

UNION#2012-0338-0013, 2012-0338-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Logsdail et al)

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

Peter Dailleboust Ministry of Government Services Legal Services Branch Counsel

HEARING

July 30, 2013

Decision

1Two grievances have been referred to me. At the commencement of the hearing, the union advised that the grievance of Ms. Logsdail (GSB File No. 2012-2853) was being withdrawn.

2Thirty minutes after the scheduled start time of the hearing, the grievor Bennett (GSB File No. 2012-3256) had yet to appear at the Board and there was no indication that any such appearance was imminent. After conferring with the parties’ representatives, I indicated that I would issue a decision in the form that follows.

3Unless, within two weeks of the date of this award, the union indicates that it wishes the matter to be re-listed for hearing, this grievance will be deemed to have been dismissed.

4Should the union wish to re-list this matter for hearing, it is hereby directed to, within the two-week period identified above, set out full particulars explaining why the grievor failed to appear on the scheduled hearing date. These particulars are to be filed with the Board and copied to employer counsel. The employer will then, within one week of receipt of the said particulars, advise the Board if it is satisfied with the explanation provided and is therefore content to have the matter re-listed for a hearing on the merits. Should the employer dispute the sufficiency of the reasons for the grievor’s failure to attend, it will so advise the Board and the union within the same one-week period.

5If the sufficiency of the reasons for the grievor’s failure to attend is disputed by the parties and the employer objects to any hearing on the merits, that issue may be brought before the Board by way of a regular hearing or a teleconference, as the parties may agree or the Board may direct.