GSB# 2023-01051

UNION# 2023-5111-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sharpe)

Union

• and -

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

Employer

BEFORE

Kathleen G. O'Neil

Arbitrator

FOR THE UNION

Tyrone Davis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

John O'Reilly Liquor Control Board of Ontario Senior Counsel

HEARING

June 27, 2024

Decision

1This matter is a grievance filed by the Ontario Public Service Employees Union ("OPSEU") on behalf of Devin Sharpe. The Grievance Settlement Board ("GSB") sent out a Notice of Proceeding advising that this matter would be heard, commencing at 10:00 a.m., on June 27, 2024, by way of video conferencing. The information necessary to join the video conference was set out in the Notice of Proceeding.

2On June 27, 2024, counsel for both parties were in attendance by way of video conferencing, but the grievor was not. By 10:30, the Grievor was still not in attendance and had not contacted union counsel to explain his absence. For the Union, Mr. Davis, advised that the grievor was aware of the hearing date, and that he had tried to contact the grievor this morning, by phone and email, without success. Having regard to the absence of the Grievor, the hearing was adjourned.

3In the circumstances, Devin Sharpe is hereby directed to provide the reason for his non-attendance at the hearing to Tyrone Davis, OPSEU Grievance Officer, by no later than Monday, July 29, 2024, failing which this matter may be dismissed with no further notice to Mr. Sharpe. The Board relies on Mr. Davis to communicate this decision to Mr. Sharpe. If reasons are provided by Mr. Sharpe, they will be conveyed by Mr. Davis to Mr. O'Reilly, counsel for the employer. 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 June 27, 2024, the matter ought to be dismissed, Employer counsel will advise Mr. Davis 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.