PSGB#2016-0610

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Lachance

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANT

Marc Lachance

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel

HEARING DATE

January 17, 2017

Decision

1This matter was originally set down for hearing on January 17, 2017. The complainant, Mr. Lachance, was not present that day and I was advised that he was ill. His application had been set down for hearing with three other applications. All four applications raised the same issues and arose out of the same circumstances. The evidence and submissions with respect to the three applications was heard on January 17, 2017 and a decision dismissing those applications issued on February 3, 2017.

2Paragraph 30 of that decision directed that it be provided to Mr. Lachance. The decision further directed that Mr. Lachance would have 30 days from the date of the decision to advise the Board in writing whether he sought any further opportunity to have his matter heard. Absent such a request, the decision noted that his application would also be dismissed.

3I subsequently learned that the Board had not forwarded a copy of the February 3, 2017 decision to Mr. Lachance. Therefore, on March 7, 2017 I directed the Board to do so. That direction also provided:

5Further to paragraph 30 of the decision dated February 3, 2017, Mr. Lachance will have 30 days from the date of this direction to indicate in writing to the Board whether he seeks any further opportunity to have his matter heard by the Board, and, if so, the basis for any such request. Absent any such response, his complaint will be dismissed.

4I understand that the Board provided Mr. Lachance with its decision of March 7, 2017, as well as its February 3, 2017 decision. Thirty days from the date of the later direction has passed. The Board has received nothing further from the complainant. Having regard to the findings in the Board’s decision dated February 3, 2017 and in light of no further response from the complainant, this application is hereby dismissed.