HomeMy WebLinkAbout2021-1479.Watkins.23-01-10 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 December 13, 2022
- 2 -
Decision
[1] This matter is a grievance filed by the Union on behalf of Kacee Watkins,
initially scheduled to be heard on May 2, 2022. Mr. Watkins did not attend on
that date. As a result of Mr. Watkins’ non-attendance, the Board issued a
decision in which Mr. Watkins was ordered to provide the Union with the
reasons for his absence. Mr. Watkins did so and, not satisfied with the reasons,
the Employer brought a motion on May 30, 2022 to have the matter dismissed.
The Employer’s motion was not successful, however, the Board issued the
following ruling:
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.
[2] The matter was then scheduled for four days of hearing commencing on
December 13, 2022. Mr. Watkins again did not attend the hearing. The
Employer again 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.
[3] Having regard to the Board’s May 30, 2022, decision, I ordered Mr. Watkins, no
later than 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. The decision
further stated that a failure to comply with the direction would result in the
deemed dismissal of the grievance.
[4] Mr. Watkins did not provide reasons for his non-attendance at the December
13, 2022, hearing as directed by the Board. The Employer requests that the
grievance be dismissed. The Union objects, stating Mr. Watkins ought to be
granted further time to comply.
[5] Having regard to the fact that this is the second time Mr. Watkins has failed to
attend a set hearing date and the fact that he was clearly put on notice that a
failure to provide reasons for his non-attendance would result in the dismissal of
his grievance, I am not persuaded Mr. Watkins ought to be given further time to
comply. This matter is hereby dismissed.
Dated at Toronto, Ontario this 10th day of January 2023.
"Diane L. Gee”
Diane L. Gee, Arbitrator