HomeMy WebLinkAbout2021-5112.Kellett.22-07-05 Decision
GSB# 2021-5112
UNION# 2022-0164-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kellett) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Joseph Carrier 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 DATE July 5, 2022
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
- 2 -
Decision
[1] This termination grievance was set down for hearing on July 5,
2022 commencing at 10:00am. The hearing convened and at that time the
Grievor, Jordan Kellett, was not in attendance. Nor had he arrived by 11:30 am
when the hearing was adjourned.
[2] Further to the Board’s inquiries, the Union advised that the Grievor had not
contacted Union counsel nor responded to e-mail inquiries prior to the hearing
date.
[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 July 5, 2022
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 Tuesday, July 26, 2022. The Grievor is directed
to provide any supporting documentation that is relevant to his
explanation for non-attendance.
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 Tuesday, August 9,
2022 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, then the Employer may renew its motion
to dismiss, and the motion can proceed via case conference to hear
argument on the matter.
Dated at Toronto, Ontario this 5th day of July, 2022.
“Joseph Carrier”
________________________
Joseph Carrier, Arbitrator