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HomeMy WebLinkAbout2023-00691.Annibalini.24-02-12 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# 2023-00691; 2023-00692 UNION# 2023-0681-0001; 2023-0681-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Annibalini) Union - and - The Liquor Control Board of Ontario Employer BEFORE Kevin Banks Arbitrator FOR THE UNION Dan Hales Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER John O’Reilly Liquor Control Board of Ontario Senior Counsel HEARING February 12, 2024 - 2 - Decision [1] This matter involved two grievances filed by the Ontario Public Service Employees Union ("OPSEU") on behalf of Lina Annibalini. The Grievance Settlement Board ("GSB") sent out a Notice of Hearing advising that this matter would be heard, commencing at 10:00 a.m., on February 12, 2024, by way of video conferencing. The information necessary to join the video conference was set out in the Notice of Hearing. The Union forwarded the Notice of Hearing to Ms. Annibalini using the contact information contained on her grievance form. [2] On February 12, 2024, Mr. O'Reilly and Employer representatives as well as Mr. Hales were in attendance by way of video conferencing. Ms. Annibalini was not. Mr. Hales advised at the outset of the hearing that he had not been able to contact Ms. Annibalini, and that the contact information contained on her grievance form appeared to no longer be valid. He also advised that he had been told late on Friday February 9, 2024 that Ms. Annibalini was out of the country. The hearing was adjourned at the Union’s request. [3] Lina Annibalini is hereby directed to provide to Mr. Hales the reason for her non- attendance at the hearing of this matter by no later than March 25, 2024, failing which this matter may be dismissed with no further notice to Ms. Annibalini. The Union is directed to make diligent efforts to contact Ms. Annibalini about this matter. If reasons are provided by Ms. Annibalini, they will be conveyed by Mr. Hales to Mr. O'Reilly. Upon receipt of such reasons, if it is the Employer's intention to bring a motion that, as a result of the Grievor's failure to attend on February 12, 2024, the matter ought to be dismissed, Employer counsel will advise Mr. Hales and the GSB accordingly in order that a date may be set for the hearing of such motion. If upon review of the reasons provided, the Employer does not object to the matter being relisted for hearing, the parties are to contact the GSB and ask for a further hearing date to be set. Dated at Toronto, Ontario this 12th day of February 2024. “Kevin Banks” Kevin Banks, Arbitrator