GSB# 2024-01261

UNION# 2024-4100-0016

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Stansel)

Union

• and -

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

Employer

BEFORE

Bram Herlich

Arbitrator

FOR THE UNION

Shae MacPherson Koskie Minsky LLP Counsel

FOR THE EMPLOYER

John O'Reilly Liquor Control Board of Ontario Senior Counsel

HEARING

October 21, 2025

Decision

1The union indicated that, although initially successful, it had, more recently, encountered consistent difficulties in contacting the grievor and in receiving any responses to its efforts. At the appointed time for the hearing in this matter, the grievor failed to appear. The union was unable to offer any explanation for the absence.

2The union sought an adjournment, but indicated a willingness to entertain certain conditions. For its part, the employer agreed that it would be desirable to allow the union and the grievor a time-limited opportunity to provide an explanation for the grievor’s failure to attend.

3Having considered the submissions of the parties, I have determined that, in the circumstances, but subject to what follows, the instant grievance will be dismissed effective 30 days from the date of this award.

4In the interim, the union will provide details of the reasons for the grievor’s failure to attend. The employer will review the reasons provided and indicate whether it agrees that the matter ought to be relisted for hearing on the merits OR if it takes the position that the reasons proffered are insufficient to have warranted any adjournment, in which case, the matter may be listed for hearing regarding the sufficiency of the reasons proffered. In the absence of any employer objection to the sufficiency of the reasons provided, the matter may be relisted for hearing on the merits.

5In the absence of any submissions from the union regarding the reasons for the grievor’s failure to appear, the grievance will be deemed to have been dismissed 30 days from the date of this award.