GSB# 2021-1480

UNION# 2021-0164-0102

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ray)

Union

• and -

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

Employer

BEFORE

Deborah Leighton

Arbitrator

FOR THE UNION

Jorge Hurtado
Morrison Watts
Counsel

FOR THE EMPLOYER

Mackenzie Anderson
Liquor Control Board of Ontario
Counsel

HEARING

December 8, 2022

Decision

1This matter was scheduled by the Ontario Grievance Settlement Board (GSB) on December 8, 2022 starting at 10:00 am on a virtual platform, to hear the grievance of Mr. David Ray. The hearing notice sent to the parties included the details necessary to join the virtual hearing. Union counsel gave notice of the hearing to the grievor well in advance of the scheduled date.

2On December 8, 2022, counsel for the employer and his advisors, and union counsel attended at the hearing. The grievor did not appear. Counsel for the union advised that he could not go ahead without the grievor. Thus, the hearing had to be adjourned.

3Given Mr. Ray’s failure to attend the hearing, he is hereby ordered to provide union counsel with the reason for his failure to appear at the hearing of this matter by January 3, 2023. If he does not provide timely reasons, the grievance may be dismissed without a further hearing.

4If Mr. Ray provides reasons, union counsel shall forward them to the employer counsel. If upon reviewing the reasons it is the employer’s intention to bring a motion that the matter ought to be dismissed, because of the grievor’s failure to attend on December 8, 2022, counsel shall advise union counsel and the GSB so that the motion may go ahead on the next scheduled date, January 11. 2023. If counsel for the employer has no objection to the reasons provided for the grievor’s failure to attend, he shall notify union counsel and the Board accordingly, so that the matter may proceed as scheduled.