HomeMy WebLinkAbout2016-0401.Smith.19-11-13 Decision
Crown 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#2016-0401, 2017-1618, 2017-1619, 2018-3231
UNION#2016-0248-0003, 2015-0248-0014, 2015-0248-0015, 2018-0248-0154
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smith) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING
October 29 and 30, 2019
- 2 -
DECISION
[1] The Employer and the Union at the Hamilton Wentworth Detention Centre
(“HWDC”) agreed to participate in mediation-arbitration in accordance with the
Local Mediation-Arbitration Protocol that has been negotiated by the parties.
Should mediation not result in resolution of a grievance, pursuant to the Protocol,
they have agreed to a mediation-arbitration process by which each party
provides the Arbitrator with their submissions setting out their respective facts
and the authorities they may be relying upon. This decision is issued in
accordance with the Protocol and with Article 22.16 of the collective agreement,
so that it is without precedent or prejudice to any other matters between the
parties, and is issued without written reasons.
[2] Stephen Smith has filed four grievances between June 2015 and June 2018.
[3] These matters were scheduled to be heard at a med/arb session held over a two
day period on October 29 and 30, 2019. The Grievor did not attend at either day
of the session, and no reasonable explanation was provided for his failure to do
so.
[4] The Grievor is directed to attend at the next med/arb session at the HWDC. That
session is currently scheduled for April 1 and 2, 2020. If the Grievor fails to
attend and fails to fully participate in the process on those dates (or any
rescheduling of those dates), he should understand that the Union may proceed
with his grievances in his absence, and/or his grievances may be deemed to
have been withdrawn.
Dated at Toronto, Ontario this 13th day of November 2019.
“Gail Misra”
Gail Misra, Arbitrator