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HomeMy WebLinkAbout2021-1479.Watkins.22-12-13 Decision 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 GSB# 2021-1479 UNION# 2021-0164-0101 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Watkins) 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 Mackenzie Anderson Liquor Control Board of Ontario Counsel HEARING DATE December 13, 2022 - 2 - Decision [1] This matter is a grievance filed by OPSEU on behalf of Kacee Watkins, initially scheduled to be heard May 2, 2022. Mr. Watkins did not attend on that date. As a result of Mr. Watkins’ non-attendance, the Board issued a decision containing the following orders and directions: Mr. Watkins is hereby ordered to provide to Union counsel the reasons for his absence on May 2, 2022 no later than May 16, 2022 failing which this matter will be deemed dismissed. In the event Mr. Watkins provides the Union with the reasons for his absence, such reasons are to be provided to counsel for the LCBO who will then determine, and advise the GSB, no later than May 16, 2022, whether the Employer is satisfied with the reasons provided and agrees to the relisting of this matter; challenges the sufficiency of the reasons and requires more information; or is not satisfied with the reasons and seeks to have the matter dismissed. In the event there is a dispute between the parties as to the sufficiency of the information provided or whether the reasons given ought to lead to the dismissal of this matter, the parties are to advise the GSB so arrangements can be made for a telephone conference. [2] On May 16, 2022, the Union advised the Employer as to the reasons for the grievor’s absence on May 2, 2022. The reason provided was: “The grievor was busy looking for work, had not been paying attention to his email, and claimed not to have received any of Mr. Lin’s calls reminding him of the hearing.” That same day, the Employer advised the Board it wished to bring a motion that the matter be dismissed. A telephone conference was scheduled for May 30, 2022, to hear the Employer’s motion. The grievor was in attendance for the conference call. By way of decision issued that same day, I dismissed the Employer’s motion as follows: 36. Taking all factors into consideration the Employer’s motion to dismiss the grievance is denied. This matter is referred to the Registrar to schedule two days of hearing. If the grievor fails to attend the hearing and fails to provide a good reason, supported by documentary evidence where available, the grievance will be dismissed. If the grievor knows he will not be able to attend in advance of the hearing date and he fails to advise the Union, the grievance will be dismissed. The grievor is hereby put on notice that forgetting about the hearing will not be accepted as a good reason for not attending in the future. - 3 - [3] The matter was then scheduled for four days of hearing commencing on December 13, 2022. Mr. Watkins did not attend the hearing. The Union advised that attempts had been made to contact Mr. Watkins by way of email as well as calls to his cell and home phones. Mr. Watkins has not responded. The Union sent the link for the December 13, 2022 video conference to the email address the Union has on file for Mr. Watkins. [4] The Employer moved to have the grievance dismissed. The Union argued the terms set out in the Board’s May 30, 2022, decision ought to be implemented. Having regard to the Board’s May 30, 2022, decision, I hereby order Mr. Watkins, no later than 4:00 p.m. on December 23, 2022, to inform the Union as to the reasons why he did not attend the hearing of this matter on December 13, 2022 and provide the Union with documentary evidence in support of those reasons. Further, Mr. Watkins is to advise the Union as to the date and time on which he became aware he would not be attending the hearing. A failure to comply with this direction will result in the deemed dismissal of this grievance. In the event Mr. Watkins provides the Union with the reasons for his absence, such reasons are to be provided to counsel for the LCBO who will then determine, and advise the GSB, no later than January 21, 2023, whether the Employer is satisfied with the reasons provided and agrees to the relisting of this matter; challenges the sufficiency of the reasons and requires more information; or is not satisfied with the reasons and seeks to have the matter dismissed. In the event there is a dispute between the parties as to the sufficiency of the information provided or whether the reasons given ought to lead to the dismissal of this matter, the parties are to advise the GSB and one of the existing set dates will be used to determine the matter. Dated at Toronto, Ontario this 13th day of December, 2022. “Diane L. Gee” _______________________ Diane L. Gee, Arbitrator