Ontario Public Service Employees Union (Kellett) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2022 CanLII 70875

GSB# 2021-5112

UNION# 2022-0164-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kellett)

Union

• and -

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

Employer

BEFORE

Joseph Carrier

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 DATE

July 5, 2022

Decision

1This termination grievance was set down for hearing on July 5, 2022 commencing at 10:00am. The hearing convened and at that time the Grievor, Jordan Kellett, was not in attendance. Nor had he arrived by 11:30 am when the hearing was adjourned.

2Further to the Board’s inquiries, the Union advised that the Grievor had not contacted Union counsel nor responded to e-mail inquiries prior to the hearing date.

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 July 5, 2022 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 Tuesday, July 26, 2022. The Grievor is directed to provide any supporting documentation that is relevant to his explanation for non-attendance.

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 Tuesday, August 9, 2022 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, then the Employer may renew its motion to dismiss, and the motion can proceed via case conference to hear argument on the matter.