Ontario Public Service Employees Union (Annibalini) v. The Liquor Control Board of Ontario, 2024 CanLII 16525

GSB# 2023-00691; 2023-00692

UNION# 2023-0681-0001; 2023-0681-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Annibalini)

Union

• and -

The Liquor Control Board of Ontario

Employer

BEFORE

Kevin Banks

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

February 12, 2024

Decision

1This matter involved two grievances filed by the Ontario Public Service Employees Union ("OPSEU") on behalf of Lina Annibalini. 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 February 12, 2024, by way of video conferencing. The information necessary to join the video conference was set out in the Notice of Hearing. The Union forwarded the Notice of Hearing to Ms. Annibalini using the contact information contained on her grievance form.

2On February 12, 2024, Mr. O'Reilly and Employer representatives as well as Mr. Hales were in attendance by way of video conferencing. Ms. Annibalini was not. Mr. Hales advised at the outset of the hearing that he had not been able to contact Ms. Annibalini, and that the contact information contained on her grievance form appeared to no longer be valid. He also advised that he had been told late on Friday February 9, 2024 that Ms. Annibalini was out of the country. The hearing was adjourned at the Union’s request.

3Lina Annibalini is hereby directed to provide to Mr. Hales the reason for her non-attendance at the hearing of this matter by no later than March 25, 2024, failing which this matter may be dismissed with no further notice to Ms. Annibalini. The Union is directed to make diligent efforts to contact Ms. Annibalini about this matter. If reasons are provided by Ms. Annibalini, 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 February 12, 2024, 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.