GSB# 2019-2824

UNION# 2019-0102-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Des Roches)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 20, 2020

Decision

1The parties attended a videoconference hearing on November 20, 2020, which was set to proceed as an arbitration. The Grievor was not in attendance. The Union has not been in contact with the Grievor for some time and was unaware of any reason why he could not attend the hearing. Nor was any reason for his non-attendance provided directly to the Board or to the Employer.

2Following submissions, I have determined that the Union will be permitted a further 21 days to contact the Grievor and provide sufficient reasons why he was unable to attend the arbitration of his grievance. The Union is also directed to seek assurances from the Grievor that he will attend on future hearing dates or provide a sufficient reason for his inability to attend.

3In the event that the Grievor fails to provide sufficient reasons for his non-attendance or fails to commit to future participation in the hearing process, the parties will provide me with written submissions on the manner in which this matter should proceed, including whether the Employer seeks to have the grievance dismissed. In the alternative, the parties may contact the Board to convene a conference call to provide their submissions.