HomeMy WebLinkAbout1983-0756.Schuler.84-04-05IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between: OPSEU (Manfred Schuler)
Crievor
Before:
For the Grievor: I. Freedman
Legal Director, Grievance Section
Ontario Public Service Employees Union
For the Employer: P. Radley
Staff Relations Officer
Ministry of Correctional Services
Hearing:
The Crown in Right of Ontario
(Ministry of Correctional Services)
K.P. Swan
P. Craven
H. Roberts
Vice Chairman
Member
Member
March 5, 1984
Employer
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DECLSION
A hearing in this matter was convened in Toronto at IO:00 a.m. on
Monday, March 5, 1984, notice having duly been given to the Union, to the
Employer and, through the Union, to the Grievor.
Upon the failure of the Grievor to attend at the hearing by IO:30
a.m., Ms. Radley moved on behalf of the Employer that the grievance be
dismissed on the basis of non-prosecution. Mr. Freedman, for the Union,
indicated that he had been advised late on the previous evening that the Grievor
would not be attending at the hearing.
At the Board’s request, Mr. Freedman attempted to contact the
Griever by telephone to inquire as to his intentions and to inform him of the
consequences of his non-appearance proposed by the Employer. While it proved
impossible to reach the Grievor, Mr. Freedman told us that he had confirmed
that the Grievor would not be attending the hearing.
This is a grievance covered by section 18(2)(c) of the Croarn
Employees Collective Bargaining Act, one over which the individual employee
has control regardless of the Union’s position. While the Union had assigned
Mr. Freedman to act as counsel for the Grievor, he indicated that he was not
able to proceed in this matter without the presence and instructions of the
Griever.
, 3; c” 1
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In the result, we think it is proper to treat the grievance as
abandoned, and to accept the Employer’s motion to treat these proceedings as
terminated. The grievance b accordingly dismissed.
DATED at Toronto this 5th day of ApriJ 1984.
- Vice Chairman
P. Craven Member
-
H. Roberts Member
/Ibw