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HomeMy WebLinkAbout2003-1935.Logan.04-10-26 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2003-1935 2003-2456 UNION# OLB3 77/03 OLB472/03 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano LIqUor Boards Employees' Umon (Logan) Grievor - and - The Crown In RIght of Ontano (LIqUor Control Board of Ontano) Employer BEFORE Nimal V DIssanayake Vice-Chair FOR THE UNION Kourosh Farrokhzad Engelmann GottheIl BarrIsters and SOlICItorS FOR THE EMPLOYER Gordon FItzgerald Counsel LIqUor Control Board of Ontano HEARING October 22, 2004 2 DeCISIon The Board was seized with two grlevances filed by the grlevor, Mr Jeff Logan The first dated August 18, 2003 (GSB File No 2003-1935) related to a three day suspension without pay, and the second dated September 24, 2003 (GSB File No 2003-2456) related to his termination effective 22, 2003 The Registrar's office issued a formal notice of hearing to both parties setting out the date, time and place of hearing When the hearing was convened at the appointed time, the employer was represented by legal counsel, and two management personnel Legal counsel and a union representative were present for the union However, I was advised that the grlevor had not shown up I recessed for one half hour in the event that the grievor had been delayed for some reason However, when the hearing was reconvened the grlevor was still not present I instructed each counsel to address the Board as to why the grievor was not present, and the consequences of his absence The following facts emerged from the counsels' presentations The instant grlevances were initially scheduled for hearing on January 12, 2004 That hearing, however, was adjourned on consent due to the grievor's unavailability The 3 hearing was subsequently rescheduled for June 7, 2004 and notices of hearings were duly issued This hearing also did not take place, because the union again requested an adjournment due to the unavailability of the grlevor This time however, the employer sought and received from the union three conditions for the adjournment These conditions, set out In a letter dated June 2, 2004 from employer counsel to union counsel are as follows (a) that the Union will contact the Grievance Settlement Board to canvas potential dates for the commencement of the hearing, said dates to be consistent with the parties' hopes to obtain the earliest mutually convenient dates in October, 2004, (b) that the LCBO will not incur any liability for the period of time between January 12, 2004 and the date of which the hearing commences, (c) that in the event the grlevor is unable to attend the hearing on the next scheduled date, the grlevances will be withdrawn Union counsel advised the Board that the union had done its utmost to communicate to the grlevor, notice of this hearing Copies of the notice of hearing were mailed to the last permanent address on file, as well as an address In Vancouver which had been provided Counsel personally made numerous telephone calls and left messages on the grievor's voice-mail in Vancouver The grievor did not respond to any of these communications 4 Counsel for the union advised the Board that in these circumstances, in view of condition (c) (supra) under which it obtained the adjournment of the June 7, 2004 hearing, the union had no choice but to withdraw the grlevances and that it was doing so It follows that both grievances are withdrawn and the files are closed This decision setting out the disposition of the two grlevances lS issued at the joint request of the parties Dated this 26th day of October, 2004 at Toronto, Ontario ~ . ..... ... . . .. . .. l' :.'. .' .....l S.. ".' n.,:' .....~".Z.wW Vice~ . 806"