HomeMy WebLinkAbout2022-11967.Aris.24-01-12 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# 2022-11967
UNION# 2023-0499-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Aris) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Joseph D. Carrier 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 January 11, 2024
-2 -
Decision
[1] This termination grievance was set down for hearing on January 11, 2024
commencing at 10:00am. The hearing convened and at that time the Grievor,
David Aris, was not in attendance. Nor had he arrived by 11:00 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 or phone 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 January 11, 2024 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 Friday February 2, 2024 at 1:00pm. 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 Friday February 16, 2024 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 12th day of January 2024.
“Joseph D. Carrier”
Joseph D. Carrier, Arbitrator