Ontario Public Service Employees Union (Maharaj) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2021 CanLII 58428

GSB# 2019-2859

UNION# 2018-5108-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Maharaj)

Union

• and -

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

Employer

BEFORE

Marilyn A. Nairn

Arbitrator

FOR THE UNION

Erin Thorson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Andrew Cogswell Liquor Control Board of Ontario Counsel

HEARING DATE

June 3, 2021

DECISION

1This termination grievance was set down for hearing on June 3, 2021 commencing at 10:00am. The hearing convened and at that time the Grievor, Andy Maharaj, was not in attendance. Nor had he arrived by 10:30am when the hearing was adjourned.

2Further to the Board’s inquiries, the Union advised that the Grievor had contacted Union counsel confirming receipt of notice of the hearing and advising that he wished to proceed. Union counsel’s last communication with the Grievor was on May 29, 2021. Union counsel had since been unable to reach the Grievor, nor had the Grievor contacted Union counsel.

3The Employer asked that the grievance be dismissed, or in the alternative, that the Grievor be allowed a short window to explain and document his failure to attend the hearing and to provide notice that he would not be attending. Absent a compelling explanation, the Employer indicated that it would continue to take the position that the grievance be dismissed. The Union objected to the dismissal of the grievance and asked that sufficient time be provided in order that counsel could contact the Grievor.

4Having regard to the Grievor’s failure to attend the hearing and his failure to provide any notice of his non-attendance, I hereby order as follows:

The Grievor is to contact Union counsel forthwith to explain his reason(s) for not attending the hearing on June 3, 2021 and for not providing notice of his non-attendance. Union counsel is to provide that explanation to the Board and to Employer counsel by no later than Friday, June 25, 2021. If the Grievor was unable to attend the hearing, any relevant supporting documentation is to be included.

Should the Grievor not respond as directed above, within the time allowed, his grievance will be dismissed.

Should the Union provide the Grievor’s explanation for his non-attendance at the hearing and his failure to provide any notice of that absence, the Employer will have until Friday, July 9, 2021 to advise the Board as to whether it accepts the Grievor’s explanation and agrees to re-schedule the hearing of the grievance. Should the Employer take the position that the Grievor’s explanation is insufficient and ask that the grievance be dismissed without a hearing on the merits, a case conference will be held to determine next steps.