HomeMy WebLinkAbout2019-2859.Maharaj.21-07-09 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
SUBMISSIONS June 28 and 29, 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] By Order dated June 3, 2021, the Union was provided until June 25, 2021 to
provide the Grievor’s explanation for his non-attendance at the hearing and his failure
to provide any notice of that absence. That Order stated at paragraph 4:
Should the Grievor not respond as directed above, within the time allowed, his
grievance will be dismissed.
[3] No response was received pursuant to that Order, and on June 28, 2021, the
Employer asked that the grievance be dismissed. In response, the Union requested
“additional time to make contact”. On June 29, 2021, over the objection of the Employer,
I provided the Union with additional time to comply with the Order, setting a new
deadline of Wednesday, July 7, 2021. The Union’s request on June 29, 2021 for further
time beyond July 7, 2021 was denied.
[4] On June 3, 2021 it was confirmed that the Grievor had received notice of the
hearing scheduled for that day and that he had last spoken to the Union the Saturday
preceding the hearing. His failure to communicate with the Union since that time speaks
to his interest (or lack thereof) in pursuing the grievance. The fact that it is a termination
grievance and ought not to be dismissed lightly applies equally to the Grievor’s level of
attention in ensuring that he participate in order that it may proceed.
[5] No communication has been received by the Board indicating any Union
communication with or from the Grievor. Having regard to the failure to comply with the
June 3, 2021 Order as extended on June 29, 2021, this grievance is hereby dismissed.
Dated at Toronto, Ontario, this 9th day of July, 2021.
“Marilyn A. Nairn”
_______________________
Marilyn A. Nairn, Arbitrator