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HomeMy WebLinkAbout2016-0912.Trecapelli.20-09-23 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# 2016-0912 UNION# 2016-5112-0079 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Trecapelli) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Gail Misra Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Emily Lewis Treasury Board Secretariat Employee Relations Advisor HEARING September 17, 2020 (by videoconference) -2- DECISION [1] The Employer and the Union at the Toronto South Detention Centre (“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 written reasons. [2] This award concerns a grievance filed by Melanie Trecapelli, a Reception employee at the TSDC. The grievance was filed on June 28, 2016. [3] The Grievor was notified in writing by the Union that this grievance would be dealt with on October 23 and 24, 2019 pursuant to the Expedited Mediation/Arbitration Protocol. That notice was sent to Ms. Trecapelli on September 26, 2019, and indicated that the grievance had been scheduled previously, but could not proceed in the Grievor’s absence. The Grievor did not attend at the two mediation/arbitration dates. [4] The Grievor was notified by the Union again regarding the December 4 and 5, 2019 Expedited Mediation/Arbitration dates at the TSDC, and again did not attend at either date. As such, by a decision dated December 17, 2019, Arbitrator Brian Sheehan issued the following directive to the Grievor: 6. The next med/arb session at TSDC is scheduled for February 5 and 6, 2020. The grievor is hereby ordered to attend on one of those days and participate in the process with respect to her grievance. The failure of the grievor to comply with this order will result in her grievance being deemed withdrawn. [5] By a letter dated December 18, 2019 the Union advised the Grievor of the above- noted decision, and warned Ms. Trecapelli that should she fail to attend on the February dates, her grievance would be deemed withdrawn without further remedy. The Grievor did not attend at the February 2020 mediation/arbitration dates. [6] By a letter dated September 3, 2020 the Union advised Ms. Trecapelli that her grievance would be heard at the September 16 and 17, 2020 mediation/arbitration dates at the TSDC, and again provided her with a copy of the December 17, 2019 Sheehan decision to remind her of the Arbitrator’s admonition regarding the consequences of failing to attend. -3- [7] The Grievor did not attend at the September 16 and 17, 2020 mediation/arbitration proceedings. Accordingly, this grievance is hereby deemed withdrawn. Dated at Toronto, Ontario this 23rd day of September, 2020. “Gail Misra” _____________________ Gail Misra, Arbitrator