GSB# 2013-2633

UNION# 2013-0164-0033

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cupskey)

Union

• and -

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

Employer

BEFORE

Jasbir Parmar

Arbitrator

FOR THE UNION

Matthew Hrycyna

FOR THE EMPLOYER

Adrienne Couto

HEARING

November 8, 2019

Decision

1Further to a Notice of Proceeding issued on November 16, 2018, this matter was scheduled to be heard on November 8, 19, and 20, 2019.

2On November 8, 2019, the Grievor did not attend. The Employer advised that, in fact, the Grievor was at work at the time. Subsequently, Counsel for the Union made some inquiries and advised it was his understanding that the Grievor would be not attending the hearing on this day.

3After some discussions with the parties, I have decided to adjourn this matter for today, on the following basis:

a. The Grievor is to provide a written explanation with respect to his failure to attend today’s hearing, including why he did not provide notice in advance that he would not be attending.

b. If this explanation involves any medical issue, the Grievor is provide medical documentation in support of his explanation.

c. The above two items are to be provided to Employer counsel no later than noon on Wednesday, November 13, 2019.

4The Employer retains the right to make a motion to dismiss this matter on the basis of the Grievor’s failure to attend after receipt of the above information.

5The Union counsel was directed to advise the Grievor of the requirements of this Order as soon as possible. He confirmed to me that he did so before I left the hearing.

6The hearing for this matter will continue on the scheduled dates of November 19 and 20, 2019.