HomeMy WebLinkAbout2015-1655.Maitland.19-05-06 DecisionCrown 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# 2015-1655; 2015-2814; 2017-0177
UNION# 2015-0234-0144; 2015-0234-0184; 2017-0234-0045
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Maitland) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura McDonald
Treasury Board Secretariat
Employee Relations Advisor
HEARING April 11, 2019
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DECISION
[1] The Employer and the Union at the Maplehurst Correctional Complex 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 three grievances filed by Glenn Maitland, a Correctional
Officer 2.
[3] The grievor was notified in writing by the Union that his grievances would be
dealt with on January 22 and 23, 2019 pursuant to the Expedited Mediation/Arbitration
Protocol.
[4] The grievor has a history of failing to attend Mediation/Arbitration proceedings
wherein his grievances are to be dealt with.
[5] The Union sent two notes to the grievor advising his three grievances were
scheduled for the January 22 and 23, 2019 Mediation/Arbitration proceedings.
[6] The grievor did not attend the January 22 and 23 Mediation/Arbitration
proceedings.
[7] On February 27, 2019, Arbitrator Deborah Leighton issued a decision which
contained the following directive:
The next med/arb session at Maplehurst is scheduled for April 10 and 11,
2019. The grievor is hereby ordered to attend on one of those days and
-3-
participate in the process or the three grievances noted here, will be deemed
to be withdrawn.
[8] The grievor failed to appear at the April 10 and 11, 2019 Med/Arb proceedings.
Accordingly, his grievances are, hereby, deemed withdrawn.
Dated at Toronto, Ontario this 6th day of May, 2019.
“Brian P. Sheehan”
______________________
Brian P. Sheehan, Arbitrator