HomeMy WebLinkAbout2011-3772.Lewis.12-11-16 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2011-3772, 2011-3773
UNION#2011-0447-0003, 2011-0447-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lewis) Union
- and -
The Crown in Right of Ontario
(Ministry of Attorney General) Employer
BEFORE Bram Herlich Vice-Chair
FOR THE UNION Seung Chi
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Stewart McMahon
Ministry of Government Services
Labour Practice Group
Counsel
HEARING November 14, 2012.
- 2 -
Decision
[1] This matter was scheduled for hearing on November 14, 2012. At the appointed
commencement time of the hearing, which was stood down for half an hour in the event
she was unavoidably delayed, the grievor failed to appear.
[2] Having regard to the agreement of the parties and subject to the following, the grievances
in this matter will be deemed to have been dismissed two weeks following the date of this
award.
[3] During that two week period, the union, should it wish to pursue this matter, must make
submissions, including particulars, as to why the grievor failed to appear.
[4] The employer may or may not accept those submissions as providing a reasonable basis
for the grievor’s failure to appear. In the former case, the matter will be re-listed for
hearing. In the latter, the question of whether the grievor’s failure to appear was with or
without reasonable justification and the ultimate determination of this matter will be the
subject of a decision of this Board. Should such a decision be required, the Board will
consult with the parties as to the process to be followed.
[5] In the absence of any submissions from the union in accordance with the foregoing, the
instant grievances will be deemed to be dismissed effective two weeks from the date
hereof.
Dated at Toronto this 16th day of November 2012.
Bram Herlich, Vice-Chair