HomeMy WebLinkAbout2017-0848.Morgan.18-10-10 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# 2017-0848
UNION# 2017-5107-0048
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Morgan) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE
Diane Gee
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Adrienne Couto
Liquor Control Board of Ontario
Counsel
HEARING September 28, 2018
-2-
DECISION
[1] This matter is a grievance filed on behalf of Natyscha Morgan in which it is
alleged that she was improperly discharged from her employment with the
Employer.
[2] On May 2, 2018 the parties met and engaged in mediation with a view to
determining if the matter could be resolved. No resolution was achieved and the
matter was set down for hearing on September 28, 2018. The GSB sent the
parties a Notice of Hearing on which it was clearly indicated that the matter would
commence on September 28, 2018 at 10:00 a.m.
[3] On September 28, 2018 at 10:00 a.m. Employer counsel, her advisors and
witnesses as well as Union counsel were in attendance. The grievor had not
arrived. At 10:45, the grievor was still not in attendance and had not contacted
Union counsel. Union counsel had been unable to contact the grievor. Having
regard to the absence of the grievor the hearing was adjourned.
[4] The grievor is hereby directed to provide to Union counsel the reason for her
non-attendance at the hearing of this matter scheduled for September 28, 2018
no later than October 15, 2018 failing which this matter may be dismissed
with no further notice to the grievor. Union counsel will convey such reasons
to Employer counsel. Should Employer counsel intend to bring a motion that, as
a result of the grievor’s failure to attend on September 28, 2018, the matter ought
to be dismissed, she will advise the Union and the GSB accordingly and, after
consultation with Union counsel, advise the GSB as to whether the motion is to
be dealt with by way of a teleconference or a hearing. If 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.
Dated at Toronto, Ontario this 10th day of October, 2018.
“Diane Gee”
______________________
Diane Gee, Arbitrator