HomeMy WebLinkAbout2017-3080.Grant.18-11-21 DecisionCrown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2017-3080
UNION# 2017-5112-0291
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grant) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Employee Relations Advisor
HEARING November 20, 2018
-2-
DECISION
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of
the grievances are normally settled pursuant to that process. However, if a
grievance remains unresolved the protocol provides that an Arbitrator of the
Board, based on the evidence provided during the mediation session, will
immediately decide the grievance. The decision will be without reasons, without
precedent and prejudice and will be issued within fifteen working days of the
mediation unless the parties agree otherwise.
[2] On November 19 and 20, 2018 the parties at the Toronto South Detention Centre
agreed to participate in the Expedited Mediation-Arbitration process in
accordance with the negotiated protocol.
[3] Mr. Tre Grant, Correctional Officer, filed a grievance regarding an allegation of
improper denial of compassionate leave. The matter was scheduled to be heard
at a med/arb session held over a two day period in April of 2018. The Grievor did
not attend that session and accordingly his grievance was rescheduled to be
heard in the med/arb session to be held on June 26 and 27, 2018. The Grievor
did not attend that session either. By decision dated July 9, 2018, the Grievor
was directed by a different Arbitrator to attend the med/arb session scheduled for
October 29 and 30, 2018, failing which his grievance would be deemed
withdrawn.
[4] For reasons beyond the control of the parties, the October 29 and 30, 2018 dates
were cancelled, and the med/arb session was rescheduled to November 19 and
20, 2018 before the present Arbitrator. Although notified by the Union of this
session, the Grievor did not attend and no reasonable explanation was provided
for his failure to do so.
-3-
[5] The Grievor is directed to attend at the next med/arb session at this facility before
this arbitrator. That session is currently scheduled for February 21, 2019. If the
Grievor fails to attend and fails to fully participate in the process on that date (or
any rescheduling of that date), his grievance will be deemed to have been
withdrawn.
Dated at Toronto, Ontario this 21st day of November, 2018.
“Ian Anderson”
______________________
Ian Anderson, Arbitrator