HomeMy WebLinkAbout2016-0912.Trecapelli.20-09-23 DecisionCrown Employees
Grievance Settlement
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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# 2016-0912
UNION# 2016-5112-0079
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Trecapelli) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Gail Misra
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Emily Lewis
Treasury Board Secretariat
Employee Relations Advisor
HEARING September 17, 2020 (by videoconference)
-2-
DECISION
[1] The Employer and the Union at the Toronto South Detention Centre (“TSDC”) 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] This award concerns a grievance filed by Melanie Trecapelli, a Reception employee
at the TSDC. The grievance was filed on June 28, 2016.
[3] The Grievor was notified in writing by the Union that this grievance would be dealt
with on October 23 and 24, 2019 pursuant to the Expedited Mediation/Arbitration
Protocol. That notice was sent to Ms. Trecapelli on September 26, 2019, and
indicated that the grievance had been scheduled previously, but could not proceed in
the Grievor’s absence. The Grievor did not attend at the two mediation/arbitration
dates.
[4] The Grievor was notified by the Union again regarding the December 4 and 5, 2019
Expedited Mediation/Arbitration dates at the TSDC, and again did not attend at either
date. As such, by a decision dated December 17, 2019, Arbitrator Brian Sheehan
issued the following directive to 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 with respect to her grievance. The failure of the grievor to comply with this
order will result in her grievance being deemed withdrawn.
[5] By a letter dated December 18, 2019 the Union advised the Grievor of the above-
noted decision, and warned Ms. Trecapelli that should she fail to attend on the
February dates, her grievance would be deemed withdrawn without further remedy.
The Grievor did not attend at the February 2020 mediation/arbitration dates.
[6] By a letter dated September 3, 2020 the Union advised Ms. Trecapelli that her
grievance would be heard at the September 16 and 17, 2020 mediation/arbitration
dates at the TSDC, and again provided her with a copy of the December 17, 2019
Sheehan decision to remind her of the Arbitrator’s admonition regarding the
consequences of failing to attend.
-3-
[7] The Grievor did not attend at the September 16 and 17, 2020 mediation/arbitration
proceedings. Accordingly, this grievance is hereby deemed withdrawn.
Dated at Toronto, Ontario this 23rd day of September, 2020.
“Gail Misra”
_____________________
Gail Misra, Arbitrator