HomeMy WebLinkAbout2020-0543.Marlow.21-05-20 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# 2020-0543
UNION# 2020-0252-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Marlow) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING DATE May 18, 2021
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DECISION
[1] The Employer and the Union at the Niagara Detention Centre 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] The grievor is employed as a Correctional Officer at the Niagara Detention
Centre.
[3] On March 24, 2017, the grievor received a 10-day suspension. A grievance
challenging that suspension was filed on April 27, 2017. The grievance, however, was
not referred to arbitration until June 22, 2020.
[4] The Employer submits that the grievance should be dismissed on account of
the failure to comply with the time limits set out in the collective agreement for filing a
grievance to arbitration.
[5] The Employer’s position is upheld as the grievance, indisputably, was referred
to arbitration well outside the applicable time limits set out in the collective agreement
and therefore is untimely. Moreover, given the length of the delay, there is no
reasonable basis for the exercise of the statutory discretion under Section 48 (16) of
the Ontario Labour Relations Act to extend the time limits in question. With respect to
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the exercise of the statutory discretion, it is also noted that the discipline is now off the
grievor’s record.
[6] In light of the above, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario, this 20th day of May, 2021.
“Brian P. Sheehan”
_______________________
Brian P. Sheehan, Arbitrator