FPSLREB Decisions
Decision Information
Termination (disciplinary reasons) - Grievance procedure - Abandonment of grievance - the grievor filed a grievance against his termination of employment - his representative requested, and obtained, a postponement of the Board's hearing on three occasions - the grievor's representative then informed the Board that he was no longer representing the grievor - the Board wrote to the grievor asking him to indicate his intentions with respect to the adjudication of his grievance - no reply was received to the letter - the Board wrote again to the grievor informing him that, if no response was received, it could terminate the proceedings and close the file - the grievor did not respond to the letter - the Board therefore terminated the proceedings and the case was closed. Grievance denied.
Decision Content
File: 166-2-26931 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN GILLES BÉCHARD Grievor and TREASURY BOARD (National Defence)
Employer
Before: Y. Tarte, Chairperson
Decided without an oral hearing.
Decision Page 1 DECISION This reference to adjudication was filed with the Board on December 22, 1995 by the Public Service Alliance of Canada, the bargaining agent, on behalf of the grievor, Gilles Béchard. This grievance concerned a termination of employment.
The grievance was scheduled for hearing from April 22 to 24, 1996 in Montreal, Quebec. However, the bargaining agent requested that the hearing be postponed on the grounds that it did not have any agents available to represent the grievor on those dates.
A new hearing was set for May 13 to 17, 1996 in Montreal. On April 15, 1996, the bargaining agent again requested and obtained a postponement of the hearing on the grounds that the grievor's criminal trial was scheduled to continue until early May 1996 and that it would be preferable to wait for the court decision before proceeding with adjudication.
The hearing was rescheduled for September 22 to 26, 1997 in Montreal. On August 5, 1997, the bargaining agent requested and obtained a postponement of the hearing on the grounds that the grievor's criminal trial was supposed to end in October 1997.
On June 1, 1998, the bargaining agent advised the Board it would no longer be representing the grievor.
Further to this letter of June 1, the Board wrote to Mr. Béchard on June 4, 1998 asking him to inform the Board by June 29, 1998 of his intentions with regard to the adjudication of his grievance.
Having received no reply to its letter of June 4, the Board wrote to Mr. Béchard again on August 4, 1998 asking him to inform it of his intentions and advising him that, if he did not reply by August 17, 1998, the Board could terminate the proceedings and close the file.
No reply has been received as of the date of this decision. In the circumstances, I am satisfied that the grievor does not wish to pursue the grievance.
Public Service Staff Relations Board
Decision Page 2 Accordingly, I direct that these proceedings be terminated and the file closed.
Y. Tarte Chairperson
OTTAWA, August 25, 1998. Certified True Translation
Serge Lareau
Public Service Staff Relations Board