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HomeMy WebLinkAbout1983-0756.Schuler.84-04-05IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Manfred Schuler) Crievor Before: For the Grievor: I. Freedman Legal Director, Grievance Section Ontario Public Service Employees Union For the Employer: P. Radley Staff Relations Officer Ministry of Correctional Services Hearing: The Crown in Right of Ontario (Ministry of Correctional Services) K.P. Swan P. Craven H. Roberts Vice Chairman Member Member March 5, 1984 Employer -2- DECLSION A hearing in this matter was convened in Toronto at IO:00 a.m. on Monday, March 5, 1984, notice having duly been given to the Union, to the Employer and, through the Union, to the Grievor. Upon the failure of the Grievor to attend at the hearing by IO:30 a.m., Ms. Radley moved on behalf of the Employer that the grievance be dismissed on the basis of non-prosecution. Mr. Freedman, for the Union, indicated that he had been advised late on the previous evening that the Grievor would not be attending at the hearing. At the Board’s request, Mr. Freedman attempted to contact the Griever by telephone to inquire as to his intentions and to inform him of the consequences of his non-appearance proposed by the Employer. While it proved impossible to reach the Grievor, Mr. Freedman told us that he had confirmed that the Grievor would not be attending the hearing. This is a grievance covered by section 18(2)(c) of the Croarn Employees Collective Bargaining Act, one over which the individual employee has control regardless of the Union’s position. While the Union had assigned Mr. Freedman to act as counsel for the Grievor, he indicated that he was not able to proceed in this matter without the presence and instructions of the Griever. , 3; c” 1 -3- In the result, we think it is proper to treat the grievance as abandoned, and to accept the Employer’s motion to treat these proceedings as terminated. The grievance b accordingly dismissed. DATED at Toronto this 5th day of ApriJ 1984. - Vice Chairman P. Craven Member - H. Roberts Member /Ibw