HomeMy WebLinkAbout2017-1615.Labris.20-11-17 Decision
Crown 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# 2017-1615
UNION# 2017-5108-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Labiris) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Bram Herlich Arbitrator
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Cristina Tomaino
Crawford Chondon & Partners LLP
Counsel
HEARING November 17, 2020
- 2 -
Decision
[1] At the allotted time for the hearing in this matter to commence by way of videoconference,
the grievor had failed to attend. Union counsel confirmed that the grievor had been advised of the
date, time, location and manner of the hearing.
[2] Before proceeding, we stood the matter down for 30 minutes, in the event the grievor had
been unavoidably delayed. However, at 10:30 AM the grievor had still not appeared.
[3] Having regard to the submissions of the parties and subject to the following, the grievance
will be dismissed.
[4] The grievance may yet proceed, but only if the grievor can provide a suitable explanation
for his failure to appear. The grievor, should he wish to proceed with the grievance, is directed to
so advise union counsel within two weeks of the date of this award. In addition, and within the
same two-week period, the grievor must provide to union counsel the full and detailed reasons for
his failure to appear at the hearing on November 17, 2020.
[5] Should the union then seek to have the matter re-listed for hearing on the merits, it shall,
within one week of receiving the request from the grievor, so advise the employer and provide it
with the full and detailed reasons for the grievor’s failure to appear.
[6] Should the parties agree that the reasons for the grievor’s failure to appear warrant a
continuation of the proceedings, they are to contact the Board to schedule a hearing date.
[7] Should there be a dispute as to the sufficiency of the reasons for the grievor’s failure to
appear, that question can be put before me.
[8] In the absence of any of the steps set out above being initiated, the grievance will be
deemed to be dismissed three weeks from the date of this award.
Dated at Toronto, Ontario this 17th day of November, 2020.
“Bram Herlich”
________________________
Bram Herlich, Arbitrator