GSB#2013-0936, 2013-0937, 2013-0938

UNION#2013-0228-0052, 2013-0228-0053, 2013-0228-0054

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ellis)

Union

• and -

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

Employer

BEFORE

Mary Lou Tims

Vice-Chair

FOR THE UNION

Seung Chi Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Roslyn Baichoo Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 18, 2015

Decision

1The hearing in these matters was scheduled to proceed on June 1, 2015. The Union requested an adjournment of that date, and such request was contested. The grievor did not attend the hearing on June 1, 2015.

2Interim Decisions dated June 2 and September 30, 2015 have been issued.

3The hearing was convened on November 18, 2015 to hear the Employer’s motion that no adjournment of the June 1, 2015 hearing was warranted, and that the grievances should be dismissed given the grievor’s failure to attend the hearing on that date.

4Employer Counsel advised during the course of the proceedings and after discussions with Union Counsel that the Employer would not pursue its position.

5After hearing from both Counsel, I order the following:

(i) The parties will set hearing dates to proceed with the grievances.

(ii) The Union will request that a summons be issued to compel the grievor’s attendance on such dates and will ensure that the summons is served on the grievor.

(iii) As previously agreed by the parties, no liability will accrue from February 24, 2014 until the date that the hearing on the merits first commences.

(iv) If the grievor fails to attend any future scheduled hearing day, the Union will not seek a further adjournment of these proceedings unless there are compelling reasons to do so. No further adjournment sought by the Union on the grievor’s behalf will be granted absent compelling reasons.

(v) As acknowledged by the parties, should the grievor fail to attend a future scheduled hearing day because of employment obligations, vacations plans, and/or miscommunication of any sort between the Union and the grievor regarding scheduled dates, such circumstances will not constitute compelling reasons to grant an adjournment and the Union will not argue otherwise.

6I retain jurisdiction in these matters.