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HomeMy WebLinkAbout1979-0257.Askew.81-06-19IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: F. Askew and Griever The Crown in Right of Ontario Ministry of CorrectionaI Services Employer Before: Mr. Patrick Draper Vice-Chairman-. Mr. Donald 8. Middleton h4ember IVS. M. Perrin ~Member For the Griever: N. Luczay Grievance-Classification Officer Ontario Public Service Employees Union For the Employer: hZr. J. Benedict, uanager Colnpensation & Staff Relations ilinistry of Correctional Services :\lay 20, 1981 i- -2- INTERIM DECISION This case was listed for hearing on May 20, 1981. The grievor was not present at the appointed hour and there was no answer when Mr. Luczay, his representative, telephoned his home. After having recessed for some thirty minutes, the grievor not having appeared, the Board informed Mr. Luczay that it would give consideration to granting to an adjournment provided that an acceptable reason for the grievor’s absence was submitted in writing within a period of seven days. The representative of the employer made no objection to this course. The reason forthcoming is that the grievor, who lives outside Toronto and drives infrequently to the downtown district, failed to reach the Board’s offices because he made insufficient allowance for the dense traffic and his unfamiliarity with the area. It is unfortunate that for lack of a modicum of foresight by the grievor the effort and cost of listing and convening the hearing has gone for nothing. However, the Board is of the opinion that to dismiss the grievance would be to impose an extreme penalty for the griever’s lapse. The matter is remitted to the Registrar to be re-listed for hearing. Since no inquiry into the merits has been made, this panel of the Board shall be deemed to be no longer seized of the matter. i- -3- DATED at Toronto this 19th day of June, 1981 (j,ff)< pfj* Mr. Patrick Draper’, Vice Chairma “I concur” Mr. Donald 8. Middleton, Member “I concur" Ms. M. Perrin, Member