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HomeMy WebLinkAbout2016-0401.Smith.19-11-13 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#2016-0401, 2017-1618, 2017-1619, 2018-3231 UNION#2016-0248-0003, 2015-0248-0014, 2015-0248-0015, 2018-0248-0154 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Smith) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Gail Misra Arbitrator FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Michelle LaButte Treasury Board Secretariat Employee Relations Advisor HEARING October 29 and 30, 2019 - 2 - DECISION [1] The Employer and the Union at the Hamilton Wentworth Detention Centre (“HWDC”) 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] Stephen Smith has filed four grievances between June 2015 and June 2018. [3] These matters were scheduled to be heard at a med/arb session held over a two day period on October 29 and 30, 2019. The Grievor did not attend at either day of the session, and no reasonable explanation was provided for his failure to do so. [4] The Grievor is directed to attend at the next med/arb session at the HWDC. That session is currently scheduled for April 1 and 2, 2020. If the Grievor fails to attend and fails to fully participate in the process on those dates (or any rescheduling of those dates), he should understand that the Union may proceed with his grievances in his absence, and/or his grievances may be deemed to have been withdrawn. Dated at Toronto, Ontario this 13th day of November 2019. “Gail Misra” Gail Misra, Arbitrator