HomeMy WebLinkAbout2023-01051.Sharpe.24-06-28 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# 2023-01051
UNION# 2023-5111-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sharpe) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Kathleen G. O'Neil Arbitrator
FOR THE UNION Tyrone Davis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER John O'Reilly
Liquor Control Board of Ontario
Senior Counsel
HEARING June 27, 2024
-2 -
Decision
[1] This matter is a grievance filed by the Ontario Public Service Employees Union
("OPSEU") on behalf of Devin Sharpe. The Grievance Settlement Board ("GSB")
sent out a Notice of Proceeding advising that this matter would be heard,
commencing at 10:00 a.m., on June 27, 2024, by way of video conferencing. The
information necessary to join the video conference was set out in the Notice of
Proceeding.
[2] On June 27, 2024, counsel for both parties were in attendance by way of video
conferencing, but the grievor was not. By 10:30, the Grievor was still not in
attendance and had not contacted union counsel to explain his absence. For the
Union, Mr. Davis, advised that the grievor was aware of the hearing date, and that
he had tried to contact the grievor this morning, by phone and email, without
success. Having regard to the absence of the Grievor, the hearing was adjourned.
[3] In the circumstances, Devin Sharpe is hereby directed to provide the reason for his
non-attendance at the hearing to Tyrone Davis, OPSEU Grievance Officer, by no
later than Monday, July 29, 2024, failing which this matter may be dismissed with
no further notice to Mr. Sharpe. The Board relies on Mr. Davis to communicate
this decision to Mr. Sharpe. If reasons are provided by Mr. Sharpe, they will be
conveyed by Mr. Davis to Mr. O'Reilly, counsel for the employer. 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 June 27, 2024, the matter ought to be dismissed,
Employer counsel will advise Mr. Davis 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 28th day of June 2024.
“Kathleen G. O'Neil”
Kathleen G. O'Neil, Arbitrator