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HomeMy WebLinkAbout2020-0985.Barnard et al.23-02-03 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#2020-0985; 2021-1492; 2021-1493 UNION#2020-0623-0002; 2021-0623-0003; 2021-0623-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Barnard et al) Union - and - The Crown in Right of Ontario (Ministry of Natural Resources and Forestry) Employer BEFORE Bram Herlich Arbitrator FOR THE UNION Mae J. Nam Ryder Wright Holmes Bryden Nam LLP Counsel FOR THE EMPLOYER Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel HEARING February 3, 2023 -2- Decision [1] At the commencement of the hearing in this matter, the union advised that it wished to call Len Sedore to testify. Mr. Sedore, however, was not in attendance. [2] A summons compelling Mr. Sedore’s attendance had been issued on February 2, 2023. [3] Counsel advises that the summons was forwarded by courier to Mr. Sedore’s residence on February 2, 2023. [4] The summons was also forwarded by email on February 2, 2023. Counsel confirms having had email exchanges with Mr. Sedore prior and subsequent to the issuance of the summons and that the latter has confirmed his knowledge of the summons to attend. [5] The matter is scheduled to continue on February 8, 2023. The summons issued to Mr. Sedore requires him to remain at the hearing and to re-attend until his attendance is no longer required. He is therefore legally obliged to be in attendance when this hearing reconvenes electronically on February 8, 2023. [6] Union counsel is directed to provide Mr. Sedore with a copy of this decision as well as the connection instructions to attend the electronic hearing. [7] For greater clarity, Mr. Sedore is hereby directed, in accordance with the foregoing, to attend the electronic hearing in this matter at 10 AM on Wednesday February 8, 2023. Dated at Toronto, Ontario this 3rd day of February, 2023. “Bram Herlich” _________________________ Bram Herlich, Arbitrator