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HomeMy WebLinkAbout2011-3772.Lewis.12-11-16 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2011-3772, 2011-3773 UNION#2011-0447-0003, 2011-0447-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lewis) Union - and - The Crown in Right of Ontario (Ministry of Attorney General) Employer BEFORE Bram Herlich Vice-Chair FOR THE UNION Seung Chi Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Stewart McMahon Ministry of Government Services Labour Practice Group Counsel HEARING November 14, 2012. - 2 - Decision [1] This matter was scheduled for hearing on November 14, 2012. At the appointed commencement time of the hearing, which was stood down for half an hour in the event she was unavoidably delayed, the grievor failed to appear. [2] Having regard to the agreement of the parties and subject to the following, the grievances in this matter will be deemed to have been dismissed two weeks following the date of this award. [3] During that two week period, the union, should it wish to pursue this matter, must make submissions, including particulars, as to why the grievor failed to appear. [4] The employer may or may not accept those submissions as providing a reasonable basis for the grievor’s failure to appear. In the former case, the matter will be re-listed for hearing. In the latter, the question of whether the grievor’s failure to appear was with or without reasonable justification and the ultimate determination of this matter will be the subject of a decision of this Board. Should such a decision be required, the Board will consult with the parties as to the process to be followed. [5] In the absence of any submissions from the union in accordance with the foregoing, the instant grievances will be deemed to be dismissed effective two weeks from the date hereof. Dated at Toronto this 16th day of November 2012. Bram Herlich, Vice-Chair