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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