HomeMy WebLinkAbout2017-0186.MacNeil.18-02-22 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#2017-0186
UNION#2017-5112-0062
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacNeil) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE D.J.D. Leighton Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING January 18, 2018
-2-
Decision
[1] Mr. Brent MacNeil, a Corrections Officer at the Toronto South Detention Centre,
filed a grievance on March 17, 2017, which proceeded to a hearing on December
13 and 14, 2017, pursuant to the expedited protocol agreed to by the parties
(“medarbs”). The grievor did not bring documents with him, necessary for the
presentation of his grievance. The grievance hearing was adjourned to the next
“medarb” dates on January 17 and 18, 2018 so that he could attend with these
documents. He did not attend on either of these dates.
[2] The employer seeks an order of the Board compelling the attendance of the
grievor at the next scheduled “medarb” dates on March 6 and 7, 2018. At the
outset of the hearing, the parties agreed that I had the jurisdiction to deal with
this matter. They asked that I issue an order on this motion, without precedent or
prejudice, and without written reasons.
[3] Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I hereby order that the grievor must attend on March
6 or 7, 2018 or his grievance may be dismissed for failure to appear.
Dated at Toronto, Ontario this 22nd day of February, 2018.
“D.J.D. Leighton”
D.J.D. Leighton, Arbitrator