HomeMy WebLinkAbout2017-1221.Dzida.20-09-24 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# 2017-1221
UNION# 2015-0288-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dzida) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Andrew Cogswell
Liquor Control Board of Ontario
Counsel
HEARING September 16, 2020 (by videoconference)
-2-
DECISION
[1] This matter is a grievance filed on behalf of Barb Dzida, in which it was alleged
that she was harassed by her Manager. The parties first met at a mediation at
the GSB on February 4, 2020. The mediation did not result in a resolution.
[2] On February 11, 2020, a Notice of Proceeding was sent to the Parties which
clearly indicated that the matter was scheduled to continue as a hearing on
September 16 and 17, 2020.
[3] On September 14, 2020, the Parties were provided a Notice that the proceeding
on September 16, 2020 would take place virtually by way of a case-management
conference using the Zoom platform. The additional date of September 17, 2020
was adjourned.
[4] On September 16, 2020 at 10:00 a.m. Employer Counsel and Union Counsel
were in attendance. The Grievor did not attend the meeting and I was advised
by Union Counsel that she had been trying to contact the Grievor for several
weeks including on September 16, 2020 without success. Due to the Grievor’s
absence on September 16, 2020 the matter was adjourned.
[5] The Grievor is hereby directed to provide to Union Counsel the reason for her
non-attendance on September 16, 2020, no later than October 2, 2020, failing
which this matter may be dismissed with no further notice to the Grievor. Should
the Grievor provide a reason for non-attendance, the Union shall convey the
reason to Employer Counsel.
[6] Should Employer Counsel intend to bring a motion that as a result of the
Grievor’s failure to attend on September 16, 2020, the matter ought to be
dismissed, he will advise the Union and the GSB and, after consultation with
Union Counsel, advise the GSB if the motion will be heard by teleconference or
video conference. If the Employer does not object to the matter being relisted for
a hearing, the Union will provide particulars for the grievance no later than
October 14, 2020 and the parties will contact the GSB to ask for a further hearing
date to be set.
Dated at Toronto, Ontario this 24th day of September, 2020.
“Dale Hewat”
______________________
Dale Hewat, Arbitrator