HomeMy WebLinkAbout2021-1293.Dos Anjos.22-03-09 Decision
GSB#2021-1293
UNION#2021-5112-0137
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dos Anjos) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian Sheehan Arbitrator
FOR THE UNION Alex Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Hiona Murray
Treasury Board Secretariat
Employee Relations Advisor
HEARING March 2, 2022 (By Videoconference)
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
- 2 -
Decision
[1] The Employer and the Union at the Toronto South Detention Centre (TSDC)
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 a grievance dated August 6, 2021, filed by Austin Dos Anjos
(the “grievor”), a Correctional Officer 2.
[3] The Union sent notice to the grievor advising that his grievance was scheduled to
be addressed at Mediation/Arbitration proceedings taking place on March 1 and 2,
2022, by way of Zoom video conference.
[4] The grievor attended at the March 2, 2022, Mediation/Arbitration proceeding but
abruptly left without explanation when the parties were in the midst of discussing
his grievance.
[5] It is imperative that a grievor make reasonable efforts to fully participate in the
adjudication of a grievance processed on his behalf, and his unexplained
departure from the proceeding can be rightly viewed as an abandonment of the
grievance by the grievor.
[6] The next med/arb session at TSDC is scheduled for April 20 and 21, 2022. The
grievor is hereby ordered to attend on one of those days and participate in the
process with respect to his grievance. The failure of the grievor to comply with this
order may result in his grievance being deemed withdrawn.
Dated at Toronto, Ontario this 9th day of March 2022.
“Brian Sheehan”
Brian Sheehan, Arbitrator