HomeMy WebLinkAbout2021-1480.Ray.2022-12-20 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# 2021-1480
UNION# 2021-0164-0102
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ray) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Deborah Leighton Arbitrator
FOR THE UNION Jorge Hurtado
Morrison Watts
Counsel
FOR THE EMPLOYER Mackenzie Anderson
Liquor Control Board of Ontario
Counsel
HEARING December 8, 2022
- 2 -
Decision
[1] This matter was scheduled by the Ontario Grievance Settlement Board (GSB) on
December 8, 2022 starting at 10:00 am on a virtual platform, to hear the grievance
of Mr. David Ray. The hearing notice sent to the parties included the details
necessary to join the virtual hearing. Union counsel gave notice of the hearing to
the grievor well in advance of the scheduled date.
[2] On December 8, 2022, counsel for the employer and his advisors, and union
counsel attended at the hearing. The grievor did not appear. Counsel for the union
advised that he could not go ahead without the grievor. Thus, the hearing had to
be adjourned.
[3] Given Mr. Ray’s failure to attend the hearing, he is hereby ordered to provide
union counsel with the reason for his failure to appear at the hearing of this matter
by January 3, 2023. If he does not provide timely reasons, the grievance may be
dismissed without a further hearing.
[4] If Mr. Ray provides reasons, union counsel shall forward them to the employer
counsel. If upon reviewing the reasons it is the employer’s intention to bring a
motion that the matter ought to be dismissed, because of the grievor’s failure to
attend on December 8, 2022, counsel shall advise union counsel and the GSB so
that the motion may go ahead on the next scheduled date, January 11. 2023. If
counsel for the employer has no objection to the reasons provided for the grievor’s
failure to attend, he shall notify union counsel and the Board accordingly, so that
the matter may proceed as scheduled.
Dated at Toronto, Ontario this 20th day of December 2022.
“Deborah Leighton”
Deborah Leighton, Arbitrator