HomeMy WebLinkAbout2014-3806.Pecile.19-12-17 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# 2014-3806
UNION# 2014-5112-0242
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pecile) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Employer Relations Advisor
HEARING December 5, 2019
- 2 -
Decision
[1] The Employer and the Union at the Toronto South Detention Centre (TSDC)
agreed to participate in the Expedited Mediation/Arbitration process in accordance with
the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to
say, that the parties have agreed to a True Mediation/Arbitration process wherein each
party provides the Arbitrator with their submissions setting out the facts and the
authorities they respectively will rely upon. This decision is issued in accordance with
the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice
or precedent.
[2] This Award concerns a grievance dated November 12, 2014, filed by Mandy
Pecile who is employed as a Correctional Officer.
[3] The Union sent notices to the grievor advising that her grievance was scheduled
for the October 23 and 24, 2019 and December 4 and 5, 2019 Mediation/Arbitration
proceedings taking place at the TSDC.
[4] The grievor failed to attend both of those Mediation/Arbitration proceedings.
[5] It is imperative that a grievor make reasonable efforts to participate in the
adjudication of a grievance processed on her behalf; and a failure to attend scheduled
proceedings can be rightly viewed as an abandonment of the grievance by the grievor.
[6] The next med/arb session at TSDC is scheduled for February 5 and 6, 2020. The
grievor is hereby ordered to attend on one of those days and participate in the process
- 3 -
with respect to her grievance. The failure of the grievor to comply with this order will
result in her grievance being deemed withdrawn.
Dated at Toronto, Ontario this 17th day of December, 2019.
“Brian P. Sheehan”
Brian P. Sheehan, Arbitrator