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

WRITTEN SUBMISSIONS

January 28, 2026

Decision

1The grievor failed to attend at her scheduled hearing date of October 21, 2025. After considering the submissions of the parties I directed that the grievance would be deemed to be dismissed within 30 days unless the union provided reasons for the grievor’s failure to attend before the expiry of the that 30-day period. Prior to the expiry of the period, the union requested an extension of time to secure medical information relevant to explaining the grievor’s failure to appear.

2I received written submissions from the parties; the employer opposed the granting of any extension.

3After considering those submissions, I granted the union’s request and the time for the filing of materials, including medical information was extended (as was the potential deemed dismissal date) to December 23, 2025.

4On the day prior to the expiry of the extended period, the union requested a further extension. The employer was provided with a period of time to respond to the union’s request.

5On the day after the expiry of that period the employer filed materials indicating its opposition to any further extension. It did so by re-filing the same submissions it had made (unsuccessfully) in relation to the prior request.

6There is, to this point, little that is actually known with any precision about the grievor’s circumstances. But union counsel is clearly of the view that the grievor is and has been suffering some serious health difficulties, including recent hospitalization and believes that these may explain the grievor’s failure to attend as well as the difficulties the union has had in maintaining ongoing contact with the grievor. I accept that these concerns are articulated in good faith, a proposition to which the employer tendered no disagreement.

7In the unique circumstances of this case, I believe any assessment of relative harm favours the grievor. If there indeed are compelling reasons for the grievor’s failure to attend and to provide the necessary documentation to support her failure to attend, a precipitous imposition of a deemed dismissal of the grievance would result in a final decision. On the other hand, the requested extension, if granted, will be without prejudice to the employer’s position in the case, including, inter alia, its ability to argue that no legitimate reasons were ever offered for the grievor’s absence. The negative impact of some resulting delay pales in comparison to depriving the grievor (assuming there were good and sufficient reasons for her failure to attend and to provide supporting documentation) of the opportunity to have her claim determined in accordance with the collective agreement.

8Having regard to the foregoing, I hereby extend the time for the union to file its supporting, including medical, documentation to March 30, 2026. Should the union fail to file these materials by that date, the grievance will be deemed to have been dismissed on March 31, 2026. The terms of my prior decisions in this matter will continue to apply mutatis mutandis.