HomeMy WebLinkAbout2018-2148.Berry.21-01-13 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# 2018-2148
UNION# 2018-0499-0127
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Berry) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Diane L. Gee 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 January 13, 2021
- 2 -
Decision
[1] This matter is a grievance filed by the Ontario Public Service Employees Union
(“OPSEU”) on behalf of Peter Berry. The Grievance Settlement Board (“GSB”)
sent out a Notice of Hearing advising that this matter would be heard,
commencing at 10:00 a.m., on January 13, 2021 by way of video conferencing.
The information necessary to join the video conference was set out in the Notice
of Hearing. Anjana Kashyap, Grievance Settlement Officer with OPSEU,
forwarded the Notice of Hearing to Mr. Berry. Further, Ms. Kashyap exchanged
emails with Mr. Berry on January 07, 2021 that demonstrate he was aware the
hearing was scheduled to take place on January 13, 2021.
[2] On January 13, 2021 at 10:00 a.m. Andrew Cogswell, Employer counsel, his
advisors and witnesses as well as Ms. Kashyap were in attendance by way of
video conferencing. The Grievor had not arrived. At 10:20, the grievor was still
not in attendance and had not contacted Ms. Kashyap to explain his absence.
Having regard to the absence of the grievor the hearing was adjourned.
[3] Peter Berry is hereby directed to provide to Ms. Kashyap, no later than January
23, 2021, the reason for his non-attendance at the hearing of this matter failing
which this matter will be dismissed with no further notice to Mr. Berry. If
reasons are provided by Mr. Berry, they will be conveyed by Ms. Kashyap to Mr.
Cogswell. Upon receipt of such reasons, if it is the Employer’s intention to bring
a motion that, as a result of the Grievor’s failure to attend on January 13, 2021,
the matter ought to be dismissed, Employer counsel will advise Ms. Kashyap and
the GSB accordingly in order that a date may be set for the hearing of such
motion. If, upon review of the reasons provided, 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 13th day of January, 2021.
“Diane L. Gee”
________________________
Diane L. Gee, Arbitrator