GSB# 2022-7829

UNION# 2022-0377-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Groves)

Union

• and -

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

Employer

BEFORE

Joseph D. Carrier

Arbitrator

FOR THE UNION

Dan Hales Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

John O'Reilly Liquor Control Board of Ontario Senior Counsel

HEARING

November 8, 2023

Decision

1This matter is a grievance filed by the Ontario Public Service Employees Union ("OPSEU") on behalf of Sherri Groves. The Grievance Settlement Board ("GSB") sent out a Notice of Hearing advising that this matter would be heard, commencing at 10:00 a.m., on November 8, 2023, by way of video conferencing. The information necessary to join the video conference was set out in the Notice of Hearing. Daniel Hales, Grievance Officer with OPSEU, forwarded the Notice of Hearing to Ms. Groves. Further, Mr. Hales sent several emails as well as left voice mails for the Grievor. A reply was not received.

2On November 8, 2023, Mr. O'Reilly and witnesses as well as Mr. Hales were in attendance by way of video conferencing. The Grievor had not arrived. At 10:20, the Grievor was still not in attendance and had not contacted Mr. Hales to explain her absence. Having regard to the absence of the Grievor the hearing was adjourned.

3Sherri Groves is hereby directed to provide to Mr. Hales, the reason for her non-attendance at the hearing of this matter by no later than December 8, 2023, failing which this matter may be dismissed with no further notice to Ms. Groves. If reasons are provided by Ms. Groves, they will be conveyed by Mr. Hales to Mr. O'Reilly. Upon receipt of such reasons, if it is the Employer's intention to bring a motion that, as a result of the Grievor's failure to attend on November 8, 2023, the matter ought to be dismissed, Employer counsel will advise Mr. Hales and the GSB accordingly in order that a date may be set for the hearing of such motion. If, upon review of the reasons provided, the Employer does not object to the matter being relisted for hearing, the parties are to contact the GSB and ask for a further hearing date to be set.