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HomeMy WebLinkAbout2017-3080.Grant.18-07-09 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# 2017-3080 UNION# 2017-5112-0291 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Grant) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs 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 June 27, 2018 -2- Decision 1. The Employer and the Union at the Toronto South Detention Centre participated in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. 2. Mr. Tre Grant, Correctional Officer, filed a grievance regarding an allegation of improper denial of compassionate leave. The matter was scheduled to be heard at the last med/arb session held over a two-day period in April of 2018. The grievor did not attend that session and accordingly his grievance was rescheduled to be heard in the med/arb session held on June 26 and 27, 2018. 3. The local President of the Union sent the grievor an email on May 25th, 2018 informing him that his grievance would be heard at this session and gave him the option of attending on either day. 4. The grievor failed to attend this session. No reasonable explanation was provided. 5. There is no dispute between the parties that this grievance is appropriate for the med/arb process. 6. The next med/arb session involving the Union and this facility is to take place on October 29th and 30th, 2018. The grievor is to attend on one of those days and participate in the process or his grievance will be deemed to have been withdrawn. Dated at Toronto, Ontario this 9th day of July, 2018. “Felicity D. Briggs” Felicity D. Briggs, Arbitrator