FPSLREB Decisions
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Public Service Staff Relations Act
- Date: 2004-02-23
- File: 166-2-32530
- Citation: 2004 PSSRB 14
Before the Public Service Staff Relations Board
BETWEEN
CAROLINE ZEGRAY-KHARMA
Grievor
and
TREASURY BOARD
(Solicitor General Canada - Correctional Service)
Employer
Before: Thomas Kuttner, Q.C. Part-time Board Member
For the Grievor: John Mancini, UCCO-SACC-CSN
For the Employer: Harvey A. Newman, Counsel
Heard at Halifax, Nova Scotia,
January 14, 2004.
[1] Severe winter weather conditions obtained throughout the Maritime Provinces on the date scheduled for the hearing of this matter. Nevertheless, representatives for the bargaining agent and the employer were ready to proceed, as was I. However, the grievor did not appear, nor did she advise either the bargaining agent or the employer of her failure to appear or inability to do so. Attempts were made to contact the grievor, but without success. That being the case, and giving the grievor the benefit of the doubt, the parties agreed that the record should be endorsed as follows:
By consent, adjourned to a date to be set, provided that within seven [7] days the Bargaining Agent advise the Adjudicator that, due to emergency circumstances beyond her control, the grievor was unable to appear or advise of her inability to appear; failing which this reference to adjudication will be deemed to have been withdrawn. The Adjudicator remains seized of the matter.
[2] The grievor having failed to satisfy the condition precedent to the adjournment and rescheduling of the within matter, and the bargaining agent having advised the Board of the withdrawal of its approval of the reference to adjudication of this matter, I now confirm that it is deemed to have been withdrawn.
Thomas Kuttner, Q.C.,
Part-Time Board Member
FREDERICTON, February 23, 2004.