HomeMy WebLinkAbout2018-1240.Slaght.19-09-16 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# 2018-1240
UNION# 2018-0683-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Slaght) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Dan Hales
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Adrienne Couto
Liquor Control Board of Ontario
Counsel
HEARING September 10, 2019
-2-
DECISION
[1] A termination grievance filed by Ms. Heather Slaght came before the Board for
arbitration. When the board convened at 10:00 a.m. as scheduled, the grievor was
not present. At the request of Mr. Hales, I recessed to allow him to attempt to
contact the grievor.
[2] When I reconvened, Mr. Hales advised that his telephone call to the grievor was
not answered. He advised further that while the grievor had instructed him that
she wanted to proceed with her grievance as scheduled, in the days leading up to
the hearing, his several attempts to contact the grievor were not successful. He
requested that the Board adjourn the hearing in the circumstances.
[3] Employer counsel took the position that the Board dismiss the grievance. In the
alternative, she submitted that if the Board does not agree, it should issue an order
that the grievor provide in writing within 30 calendar days of the date of the board
order, an explanation of her failure to attend, together with any supporting
documents. She further submitted that if the Board makes the latter order, it should
reserve for the employer, the right to renew its motion for dismissal of the
grievance, if the grievor does not provide an explanation incompliance with the
Board order, or if the employer is of the view that the explanation provided does
not justify the grievor’s failure to attend the hearing.
[4] I am satisfied that the grievor had notice that her grievance was scheduled for
September 10, 2019. She failed to attend and did not provide notice to her union
or the Board that she would not be attending. Nevertheless, in all of the
circumstances, including the fact that this is a termination grievance, I am not
prepared to dismiss the grievance without giving the grievor an opportunity to
provide any explanation she may have for her conduct.
[5] Therefore, I hereby grant the alternate order requested by employer counsel. The
employer is directed to advise the Board and union counsel of its position within
-3-
14 calendar days after receiving an explanation from the grievor or the expiration
of the 30 calendar day period the grievor has been given to provide an explanation.
[6] The Board remains seized.
Dated at Toronto, Ontario this 16th day of September, 2019.
“Nimal Dissanayake”
______________________
Nimal Dissanayake, Arbitrator