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HomeMy WebLinkAbout1994-1757SMITH99_04_16 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 800, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 800, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-1396 GSB # 1757/94,0792/95 OPSEU # 94F436 95C935 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEV ANCE SETTLEMENT BOARD BETWEEN OntarIO PublIc ServIce Employees Umon (AdaIr Smith) Grievor - and - The Crown m RIght of OntariO (MInIstry of TransportatIOn) Employer BEFORE Damel A. Harns V Ice-Chair FOR THE Knstm A. ElIot GRIEVOR Counsel, ElIot, SmIth Barnsters & SolICItors FOR THE Huoko SawaI EMPLOYER Counsel, Legal ServIces Branch Management Board Secretanat HEARING Apnl9, 1999 AWARD These two gnevances were filed by OPSEU on behalf of Adair J SmIth who IS employed by the Crown m RIght ofOntano (MmIstry of TransportatlOn) The UnIon appeared at the heanng seekmg an adjournment on the basIs that Mr SmIth could not be present at the heanng. The Employer opposed the request for the adjournment. The UnIon mdIcated that the gnevor had receIved actual notIce of the heanng by way of telephone advIce from counsel He adVIsed counsel that he could not attend both because he was on holIdays and for personal reasons He dId not provIde counsel wIth any further detail The UnIon acknowledged that the notice provIded to the gnevor was m accordance wIth the practice of the partIes, thIS case bemg one of an enormous backlog of cases, WhICh the partIes are seekmg to have decIded wIthout any further delay The UnIon submItted that the expedIted procedures put m place by the Board, are nonetheless subject to the prmcIples of natural Justice Although the gnevor dId not dIsclose to hIS own counsel what personal commItments kept hIm from pursumg hIS claims agamst the Employer on the scheduled day, counsel pressed that he ought to be gIven the benefit of the doubt that the said personal commItments were properly personal and confidential The UnIon relIed on Re Clarke and Mznistry of Government Services (1981), GSB 146/81 (Intenm DecIsIon) 2 The Employer opposed the request for an adjournment. It submItted that there was no reason gIven for the request. It relIed on Municipalzty of Metropolitan Toronto and CUPE Local 79 (1986),26 L.A.C (3d) 28 (Burkett) The followmg IS my oral rulmg gIven at the heanng There are two gnevances before the Board filed by OPSEU on behalf of Adair J SmIth, who IS claSSIfied as a HIghway General Foreman wIth the Mmlstry of TransportatIOn. The first IS dated November 8, 1994 and gneves the "demal ofleave under Article 30 l(a) of the collective agreement between the partIes It was referred to the Board by OPSEU on December 9,1994 The second IS dated March 17, 1995 and gneves the "demal of TIme CredIts whIle Travellmg under ArtIcle 23 5" It was referred to the Board on July 7, 1995 These matters have been consolIdated and form part of a backlog of cases before the Board. As I understand It, the partIes have agreed to an expedIted process m order to have such cases heard and determmed wIthout further delay The process bemg followed IS to first schedule the matters for mediatIOn, fallmg WhICh they are scheduled for arbItratIOn. These matters were scheduled for heanng today, the medIatIOn efforts not havmg resulted m a settlement of the Issues The gnevor was notIfied of the date of the heanng m accordance wIth the applIcable process The Board has been adVIsed that the gnevor IS unable to attend because he IS on vacatIOn leave and for undIsclosed personal reasons There was no speCIfic reason gIven for hIS non-attendance I agree wIth counsel for the Umon that the commendable efforts bemg made to hear and determme the cases that form the backlog must be tempered by the over- ndmg dIctates of natural Justice However, the gnevor has not proVIded hIS counsel WIth any cogent or compellmg reason for hIS failure to appear An adjournment cannot be granted m a vacuum. There IS nothmg before me on whIch 3 the request may be granted. As was the case m Municipalitv of Me tropo lz tan Toronto and CUPE, Local 79 (1986) 26 L.A.C (3d) 28 (Burkett) I am oblIged to reject the request for an adjournment. The Umon elected not to proceed Accordmgly, I dIsmIssed the gnevance for lack of eVIdence and hereby confirm that decIsIon. Dated at Toronto thIS 16th day of Apnl, 1999 . S- Damel A. HarrIs, Vice-Chair