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HomeMy WebLinkAbout2019-1509.Bakos.21-06-10 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# 2019-1509 UNION# 2019-0378-0029 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bakos) Union - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer BEFORE Bram Herlich Arbitrator FOR THE UNION Erin Thorson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Senka Grahovac Liquor Control Board of Ontario Counsel HEARING June 9, 2021 - 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. The union 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 his union representative within 15 calendar days of the date of this award. In addition, and within the same 15-day period, the grievor must provide to his union representative the full and detailed reasons for his failure to appear at the hearing on June 9, 2021. [5] Should the union then seek to have the matter re-listed for hearing on the merits, it shall, within 15 calendar days 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 30 days from the date of this award. Dated at Toronto, Ontario this 10th day of June, 2021. “Bram Herlich” ________________________ Bram Herlich, Arbitrator