GSB# 2022-12260

UNION# 2022-5108-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Tsun)

Union

• and -

The Crown in Right of Ontario

(Liquor Control Board of Ontario)

Employer

BEFORE

Joseph D. Carrier

Arbitrator

FOR THE UNION

Anjana Kashyap

Ontario Public Service Employees Union

Grievance Officer

FOR THE EMPLOYER

Mackenzie Anderson

Liquor Control Board of Ontario

Counsel

HEARING

October 10, 2024

Decision

1This matter is a grievance filed by OPSEU on behalf of Ben Tsun (the “Grievor”) that was scheduled to be heard commencing at 10:00 a.m. over video conferencing on October 10, 2024. In advance of the virtual hearing, the Union requested that the hearing date be adjourned because the Grievor was experiencing heightened anxiety in attending the hearing. The Employer refused the Union’s request. The Union subsequently provided the Employer with medical documentation related to the adjournment request. The hearing convened on October 10, 2024, and Mr. Tsun was not in attendance. The Union repeated their request for the adjournment with myself and provided a copy of the available medical documentation.

2The Union and Employer have agreed, on a without prejudice basis, to adjourn and reschedule the October 10, 2024 hearing date on the terms set out below.

In the circumstances, I hereby order as follows:

Mr. Tsun shall provide Union counsel with medical documentation from his treating medical provider that outlines their opinion as to when Mr. Tsun will be capable of attending and participating in virtual GSB hearing dates.

Should Mr. Tsun require accommodation to facilitate attending virtual hearings for this matter, then those measures shall be outlined in the provided medical documentation.

All the above-referenced medical documentation must be provided to Union counsel by no later than three months of today’s date.

3In the event the documentation is not provided by the Grievor as ordered, this matter may be dismissed upon Motion of the Employer.