HomeMy WebLinkAbout2021-1293.Dos Anjos.22-04-22 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-1293
UNION# 2021-5112-0137
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dos Anjos) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Gail Misra Arbitrator
FOR THE UNION Alex Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Emily Lewis
Treasury Board Secretariat
Employee Relations Advisor
HEARING April 21, 2022
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Decision
[1] The Employer and the Union at the Toronto South Detention (“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 detailed
written reasons.
[2] Austin Dos Anjos is a Correctional Officer at the TSDC. He filed a grievance dated
August 6, 2021 claiming that he had received information that on August 4, 2021,
a Sergeant wrote a comment in the C3B log book, which the grievor believed had
poisoned the work environment for him. He further asserted that the log book had
later been seized and removed by another Sergeant on the following day. The
grievor was seeking “full redress”.
[3] Mr. Dos Anjos’ grievance was scheduled for the mediation/arbitration session to be
held on March 1 and 2, 2022 by way of videoconference before Arbitrator Brian
Sheehan. On March 2, 2022, the grievor attended at the proceeding, but left
abruptly without explanation when the parties were in the midst of discussing his
grievance. Although it appears that the parties waited for him for an hour, and the
Union tried to reach Mr. Dos Anjos by calling and paging him, he was nowhere to
be found. It was later learned that the grievor had left the institution.
[4] As a result, Arbitrator Sheehan issued a decision dated March 9, 2022
(GSB#2021-1293, OPSEU (Dos Anjos) v. Crown in Right of Ontario (Ministry of
the Solicitor General)), in which he noted as follows:
5. It is imperative that a grievor make reasonable efforts to fully participate in the
adjudication of a grievance processed on his behalf and his unexplained departure from
the proceeding can be rightly viewed as an abandonment of the grievance by the
grievor.
6. The next med/arb session at the TSDC is scheduled for April 20 and 21, 2022. The
grievor is hereby ordered to attend on one of those days and participate in the process
with respect to his grievance. The failure of the grievor to comply with this order may
result in his grievance being deemed withdrawn.
[5] On March 10, 2022 the grievor was sent a copy of the Sheehan decision along
with a letter from the Union advising him that his grievance would be scheduled for
the mediation/arbitration session to be held on April 20 and 21, 2022. About one
week before the scheduled mediation/arbitration dates, the Local Union President
spoke to the grievor and reminded him again that he had to attend the April dates,
or his grievance could be dismissed or withdrawn.
- 3 -
[6] Although the parties waited for the grievor to attend on either April 20 or 21, 2022,
by the end of the second day he had not done so, nor had he contacted anyone to
provide an explanation for his non-attendance.
[7] Grievors should understand that it is necessary for them to attend at
mediation/arbitration sessions if they wish to pursue their grievances. If they do
not wish to pursue a grievance, they should so advise the Union, and withdraw
their grievance. The Board and the parties waste valuable resources of time and
money when a grievor who does not wish to pursue their grievance fails to either
attend a mediation/arbitration proceeding, or advise the Union that they are no
longer interested in having their grievance addressed.
[8] In all of the circumstances of this case, I find that the grievor has abandoned his
grievance, and it is therefore dismissed.
Dated at Toronto, Ontario this 22nd day of April 2022.
“Gail Misra”
___________________
Gail Misra, Arbitrator