HomeMy WebLinkAbout2002-1444.Goberdhan.06-06-05 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2002-1444
UNION# 2002-0506-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Goberdhan)
Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFORE Vice-Chair
Bram Herlich
FOR THE UNION Robin Gordon
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Suneel Bahal
Counsel
Ministry of Government Services
HEARING June 1, 2005.
2
Decision
At the commencement of the scheduled hearing in this matter, the union representative
advised that she had just receiv ed a message from the grievor indicating that he was unable to
and would not be attending the hearing. The union representative made unsuccessful efforts to
contact the grievor to secure more information regarding his inability to attend. In the
circumstances, the union representative felt comp elled to seek an adjournment of the hearing.
This request was met with some scepticism by the employer, no doubt because this was not the
first time all concerned except the grievor had assembled on a scheduled hearing day only to
learn that the grievor would not be attending. On the last occasion, the employer consented to the
requested adjournment. This time it did not.
Notwithstanding the employer?s objection and no t without some reluctance, I granted the
adjournment. The matter will continue on a date to be set in consultation with the parties.
The grievor should not, however, assume that this is a scenario which can be repeated
indefinitely. This matter, in the relative scheme of things, not an overly complicated one, has
been in the process of litiga tion for some three years. The grievor, through his last minute
failures to appear (for whatever reasons) has put the parties and this Board to considerable
inconvenience. Further hearing dates in this matte r will be peremptory on the grievor. Should he
fail to attend, I will entertain any motion the employer may make to have the grievance
dismissed in its entirety.
th
Dated at Toronto this 5 day of June 2006.
Bram Herlich, Vice-Chair