HomeMy WebLinkAbout2009-1107.Mance.10-09-13 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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#2009-1107
UNION#2009-0504-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mance)
Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care)
Employer
BEFOREBram Herlich Vice-Chair
FOR THE UNIONTim Hannigan
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYERPeter Dailleboust
Ministry of Government Services
Legal Services Branch
Counsel
HEARING
September 13, 2010.
- 2 -
Decision
[1]Hearing in this matter was scheduled to continue today to hear the balance of the
grievor?s evidence. However, by 10:30 AM the grievor had failed to appear.
[2]The union requested an adjournment, which the employer initially resisted. However, as
the matter is scheduled to continue on Friday, the employer was prepared to agree to the
adjournment provided that it be peremptory on the grievor?s attendance at the next scheduled
hearing day. Further, the employer reserves the right to require a reasonable justification for the
grievor?s failure to attend today as a condition of any continuation of the hearing.
[3]In view of the positions of the parties, today?s hearing is hereby adjourned. The manner
will continue, as scheduled, on Friday, September 17, 2010. Should the grievor fail to appear, I
will entertain any employer motion to dismiss the case at that point. Should the grievor appear,
the union will be required to advise the employer (at or prior to the hearing) of the reasons for
the grievor?s non-attendance today and the Board may entertain any motion employer wishes to
make it as a consequence of that explanation.
th
Dated at Toronto this 13 day of September 2010.
Bram Herlich, Vice-Chair