GSB# 2021-0523; 2022-8627; 2022-8628; 2022-11745; 2022-11859

UNION# 2021-0533-0005; 2022-0533-0023; 2022-0533-0024;

2022-0533-0031; 2022-0533-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grievor)

Union

• and -

The Crown in Right of Ontario (Ministry of Public and Business Service Delivery)

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Holmes Bryden Nam LLP Counsel

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

May 6, 2024

Decision

1The grievor was expected to continue his examination-in-chief at the hearing scheduled for May 6, 2024. At the appointed time counsel, their clients and advisors were all assembled, ready to commence the hearing. Unfortunately, the grievor was not. Indeed, by 11:00 a.m., an hour after the scheduled start time, the grievor had yet to appear.

2The union advised that the grievor had been sent a timely e-mail reminder of the hearing date. Despite that, the union was currently, i.e. at the time of the hearing, unable to establish any contact with the grievor or to offer any explanation for his failure to attend.

3The parties agreed that, given the stage of the proceedings, nothing useful could be accomplished by continuing the hearing. They agreed to adjourn.

4The matter is scheduled to continue on May 24, 2024. At that time the grievor will have the opportunity, directly or via counsel, to provide the reasons for his failure to attend the May 6, 2024 hearing and to provide advance notice of that non-attendance.

5Barring exceptional circumstances, the events of May 6, 2024, i.e. a failure to attend coupled with a failure to advise of impending non-attendance, cannot be repeated. Without further explanation, such conduct suggests disrespect for those who did attend and contempt for the proceedings of the GSB. Were it to occur again, and were there to be no satisfactory explanation, consequences up to and including the dismissal of the grievances could follow.

6The union is directed to ensure that the grievor receives a copy of this award.