GSB# 2017-1615

UNION# 2017-5108-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Labiris)

Union

• and -

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

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Cristina Tomaino Crawford Chondon & Partners LLP Counsel

HEARING

November 17, 2020

Decision

1At the allotted time for the hearing in this matter to commence by way of videoconference, the grievor had failed to attend. Union counsel confirmed that the grievor had been advised of the date, time, location and manner of the hearing.

2Before proceeding, we stood the matter down for 30 minutes, in the event the grievor had been unavoidably delayed. However, at 10:30 AM the grievor had still not appeared.

3Having regard to the submissions of the parties and subject to the following, the grievance will be dismissed.

4The grievance may yet proceed, but only if the grievor can provide a suitable explanation for his failure to appear. The grievor, should he wish to proceed with the grievance, is directed to so advise union counsel within two weeks of the date of this award. In addition, and within the same two-week period, the grievor must provide to union counsel the full and detailed reasons for his failure to appear at the hearing on November 17, 2020.

5Should the union then seek to have the matter re-listed for hearing on the merits, it shall, within one week of receiving the request from the grievor, so advise the employer and provide it with the full and detailed reasons for the grievor’s failure to appear.

6Should the parties agree that the reasons for the grievor’s failure to appear warrant a continuation of the proceedings, they are to contact the Board to schedule a hearing date.

7Should there be a dispute as to the sufficiency of the reasons for the grievor’s failure to appear, that question can be put before me.

8In the absence of any of the steps set out above being initiated, the grievance will be deemed to be dismissed three weeks from the date of this award.