HomeMy WebLinkAbout2019-2859.Maharaj.21-06-03 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# 2019-2859
UNION# 2018-5108-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Maharaj) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Marilyn A. Nairn Arbitrator
FOR THE UNION Erin Thorson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Andrew Cogswell
Liquor Control Board of Ontario
Counsel
HEARING DATE June 3, 2021
- 2 -
DECISION
[1] This termination grievance was set down for hearing on June 3, 2021
commencing at 10:00am. The hearing convened and at that time the Grievor, Andy
Maharaj, was not in attendance. Nor had he arrived by 10:30am when the hearing was
adjourned.
[2] Further to the Board’s inquiries, the Union advised that the Grievor had contacted
Union counsel confirming receipt of notice of the hearing and advising that he wished
to proceed. Union counsel’s last communication with the Grievor was on May 29, 2021.
Union counsel had since been unable to reach the Grievor, nor had the Grievor
contacted Union counsel.
[3] The Employer asked that the grievance be dismissed, or in the alternative, that
the Grievor be allowed a short window to explain and document his failure to attend the
hearing and to provide notice that he would not be attending. Absent a compelling
explanation, the Employer indicated that it would continue to take the position that the
grievance be dismissed. The Union objected to the dismissal of the grievance and
asked that sufficient time be provided in order that counsel could contact the Grievor.
[4] Having regard to the Grievor’s failure to attend the hearing and his failure to
provide any notice of his non-attendance, I hereby order as follows:
The Grievor is to contact Union counsel forthwith to explain his
reason(s) for not attending the hearing on June 3, 2021 and for not providing
notice of his non-attendance. Union counsel is to provide that explanation
to the Board and to Employer counsel by no later than Friday, June 25,
2021. If the Grievor was unable to attend the hearing, any relevant
supporting documentation is to be included.
Should the Grievor not respond as directed above, within the time
allowed, his grievance will be dismissed.
Should the Union provide the Grievor’s explanation for his non-attendance
at the hearing and his failure to provide any notice of that absence, the
Employer will have until Friday, July 9, 2021 to advise the Board as to
whether it accepts the Grievor’s explanation and agrees to re-schedule the
hearing of the grievance. Should the Employer take the position that the
Grievor’s explanation is insufficient and ask that the grievance be dismissed
without a hearing on the merits, a case conference will be held to determine
next steps.
Dated at Toronto, Ontario, this 3rd day of June, 2021.
“Marilyn A. Nairn”
_______________________
Marilyn A. Nairn, Arbitrator