GSB# 2017-0848

UNION# 2017-5107-0048

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Morgan)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Diane Gee

Arbitrator

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Adrienne Couto Liquor Control Board of Ontario Counsel

HEARING

September 28, 2018

DECISION

1This matter is a grievance filed on behalf of Natyscha Morgan in which it is alleged that she was improperly discharged from her employment with the Employer.

2On May 2, 2018 the parties met and engaged in mediation with a view to determining if the matter could be resolved. No resolution was achieved and the matter was set down for hearing on September 28, 2018. The GSB sent the parties a Notice of Hearing on which it was clearly indicated that the matter would commence on September 28, 2018 at 10:00 a.m.

3On September 28, 2018 at 10:00 a.m. Employer counsel, her advisors and witnesses as well as Union counsel were in attendance. The grievor had not arrived. At 10:45, the grievor was still not in attendance and had not contacted Union counsel. Union counsel had been unable to contact the grievor. Having regard to the absence of the grievor the hearing was adjourned.

4The grievor is hereby directed to provide to Union counsel the reason for her non-attendance at the hearing of this matter scheduled for September 28, 2018 no later than October 15, 2018 failing which this matter may be dismissed with no further notice to the grievor. Union counsel will convey such reasons to Employer counsel. Should Employer counsel intend to bring a motion that, as a result of the grievor’s failure to attend on September 28, 2018, the matter ought to be dismissed, she will advise the Union and the GSB accordingly and, after consultation with Union counsel, advise the GSB as to whether the motion is to be dealt with by way of a teleconference or a hearing. If the Employer does not object to the matter being relisted for hearing the parties are to contact the GSB and ask for a further hearing date to be set.