GSB# 2017-1221

UNION# 2015-0288-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dzida)

Union

• and -

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

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Andrew Cogswell Liquor Control Board of Ontario Counsel

HEARING

September 16, 2020 (by videoconference)

DECISION

1This matter is a grievance filed on behalf of Barb Dzida, in which it was alleged that she was harassed by her Manager. The parties first met at a mediation at the GSB on February 4, 2020. The mediation did not result in a resolution.

2On February 11, 2020, a Notice of Proceeding was sent to the Parties which clearly indicated that the matter was scheduled to continue as a hearing on September 16 and 17, 2020.

3On September 14, 2020, the Parties were provided a Notice that the proceeding on September 16, 2020 would take place virtually by way of a case-management conference using the Zoom platform. The additional date of September 17, 2020 was adjourned.

4On September 16, 2020 at 10:00 a.m. Employer Counsel and Union Counsel were in attendance. The Grievor did not attend the meeting and I was advised by Union Counsel that she had been trying to contact the Grievor for several weeks including on September 16, 2020 without success. Due to the Grievor’s absence on September 16, 2020 the matter was adjourned.

5The Grievor is hereby directed to provide to Union Counsel the reason for her non-attendance on September 16, 2020, no later than October 2, 2020, failing which this matter may be dismissed with no further notice to the Grievor. Should the Grievor provide a reason for non-attendance, the Union shall convey the reason to Employer Counsel.

6Should Employer Counsel intend to bring a motion that as a result of the Grievor’s failure to attend on September 16, 2020, the matter ought to be dismissed, he will advise the Union and the GSB and, after consultation with Union Counsel, advise the GSB if the motion will be heard by teleconference or video conference. If the Employer does not object to the matter being relisted for a hearing, the Union will provide particulars for the grievance no later than October 14, 2020 and the parties will contact the GSB to ask for a further hearing date to be set.