GSB# 2018-1240

UNION# 2018-0683-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Slaght)

Union

• and -

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

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Dan Hales Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Adrienne Couto Liquor Control Board of Ontario Counsel

HEARING

September 10, 2019

DECISION

1A termination grievance filed by Ms. Heather Slaght came before the Board for arbitration. When the board convened at 10:00 a.m. as scheduled, the grievor was not present. At the request of Mr. Hales, I recessed to allow him to attempt to contact the grievor.

2When I reconvened, Mr. Hales advised that his telephone call to the grievor was not answered. He advised further that while the grievor had instructed him that she wanted to proceed with her grievance as scheduled, in the days leading up to the hearing, his several attempts to contact the grievor were not successful. He requested that the Board adjourn the hearing in the circumstances.

3Employer counsel took the position that the Board dismiss the grievance. In the alternative, she submitted that if the Board does not agree, it should issue an order that the grievor provide in writing within 30 calendar days of the date of the board order, an explanation of her failure to attend, together with any supporting documents. She further submitted that if the Board makes the latter order, it should reserve for the employer, the right to renew its motion for dismissal of the grievance, if the grievor does not provide an explanation incompliance with the Board order, or if the employer is of the view that the explanation provided does not justify the grievor’s failure to attend the hearing.

4I am satisfied that the grievor had notice that her grievance was scheduled for September 10, 2019. She failed to attend and did not provide notice to her union or the Board that she would not be attending. Nevertheless, in all of the circumstances, including the fact that this is a termination grievance, I am not prepared to dismiss the grievance without giving the grievor an opportunity to provide any explanation she may have for her conduct.

5Therefore, I hereby grant the alternate order requested by employer counsel. The employer is directed to advise the Board and union counsel of its position within 14 calendar days after receiving an explanation from the grievor or the expiration of the 30 calendar day period the grievor has been given to provide an explanation.

6The Board remains seized.