Loading...
HomeMy WebLinkAbout2019-2859.Maharaj.21-07-09 Decision Crown 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# 2019-2859 UNION# 2018-5108-0012 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Maharaj) Union - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer BEFORE Marilyn A. Nairn Arbitrator FOR THE UNION Erin Thorson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Andrew Cogswell Liquor Control Board of Ontario Counsel SUBMISSIONS June 28 and 29, 2021 - 2 - DECISION [1] This termination grievance was set down for hearing on June 3, 2021 commencing at 10:00am. The hearing convened and at that time the Grievor, Andy Maharaj, was not in attendance. Nor had he arrived by 10:30am when the hearing was adjourned. [2] By Order dated June 3, 2021, the Union was provided until June 25, 2021 to provide the Grievor’s explanation for his non-attendance at the hearing and his failure to provide any notice of that absence. That Order stated at paragraph 4: Should the Grievor not respond as directed above, within the time allowed, his grievance will be dismissed. [3] No response was received pursuant to that Order, and on June 28, 2021, the Employer asked that the grievance be dismissed. In response, the Union requested “additional time to make contact”. On June 29, 2021, over the objection of the Employer, I provided the Union with additional time to comply with the Order, setting a new deadline of Wednesday, July 7, 2021. The Union’s request on June 29, 2021 for further time beyond July 7, 2021 was denied. [4] On June 3, 2021 it was confirmed that the Grievor had received notice of the hearing scheduled for that day and that he had last spoken to the Union the Saturday preceding the hearing. His failure to communicate with the Union since that time speaks to his interest (or lack thereof) in pursuing the grievance. The fact that it is a termination grievance and ought not to be dismissed lightly applies equally to the Grievor’s level of attention in ensuring that he participate in order that it may proceed. [5] No communication has been received by the Board indicating any Union communication with or from the Grievor. Having regard to the failure to comply with the June 3, 2021 Order as extended on June 29, 2021, this grievance is hereby dismissed. Dated at Toronto, Ontario, this 9th day of July, 2021. “Marilyn A. Nairn” _______________________ Marilyn A. Nairn, Arbitrator