HomeMy WebLinkAbout2021-0523.Grievor.24-05-13 DecisionCrown 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# 2021-0523; 2022-8627; 2022-8628; 2022-11745; 2022-11859
UNION# 2021-0533-0005; 2022-0533-0023; 2022-0533-0024;
2022-0533-0031; 2022-0533-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(Ministry of Public and Business Service Delivery) Employer
BEFORE Bram Herlich Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Holmes Bryden Nam LLP
Counsel
FOR THE EMPLOYER Peter Dailleboust
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING May 6, 2024
-2 -
Decision
[1] The grievor was expected to continue his examination-in-chief at the hearing
scheduled for May 6, 2024. At the appointed time counsel, their clients and
advisors were all assembled, ready to commence the hearing. Unfortunately, the
grievor was not. Indeed, by 11:00 a.m., an hour after the scheduled start time, the
grievor had yet to appear.
[2] The union advised that the grievor had been sent a timely e-mail reminder of the
hearing date. Despite that, the union was currently, i.e. at the time of the hearing,
unable to establish any contact with the grievor or to offer any explanation for his
failure to attend.
[3] The parties agreed that, given the stage of the proceedings, nothing useful could
be accomplished by continuing the hearing. They agreed to adjourn.
[4] The matter is scheduled to continue on May 24, 2024. At that time the grievor will
have the opportunity, directly or via counsel, to provide the reasons for his failure
to attend the May 6, 2024 hearing and to provide advance notice of that non-
attendance.
[5] Barring exceptional circumstances, the events of May 6, 2024, i.e. a failure to
attend coupled with a failure to advise of impending non-attendance, cannot be
repeated. Without further explanation, such conduct suggests disrespect for those
who did attend and contempt for the proceedings of the GSB. Were it to occur
again, and were there to be no satisfactory explanation, consequences up to and
including the dismissal of the grievances could follow.
[6] The union is directed to ensure that the grievor receives a copy of this award.
Dated at Toronto, Ontario this 13th day of May 2024.
“Bram Herlich”
_________________________
Bram Herlich, Arbitrator