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HomeMy WebLinkAbout2021-1293.Dos Anjos.22-04-22 Decision 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 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 Gail Misra Arbitrator FOR THE UNION Alex Andrews Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Emily Lewis Treasury Board Secretariat Employee Relations Advisor HEARING April 21, 2022 - 2 - Decision [1] The Employer and the Union at the Toronto South Detention (“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 detailed written reasons. [2] Austin Dos Anjos is a Correctional Officer at the TSDC. He filed a grievance dated August 6, 2021 claiming that he had received information that on August 4, 2021, a Sergeant wrote a comment in the C3B log book, which the grievor believed had poisoned the work environment for him. He further asserted that the log book had later been seized and removed by another Sergeant on the following day. The grievor was seeking “full redress”. [3] Mr. Dos Anjos’ grievance was scheduled for the mediation/arbitration session to be held on March 1 and 2, 2022 by way of videoconference before Arbitrator Brian Sheehan. On March 2, 2022, the grievor attended at the proceeding, but left abruptly without explanation when the parties were in the midst of discussing his grievance. Although it appears that the parties waited for him for an hour, and the Union tried to reach Mr. Dos Anjos by calling and paging him, he was nowhere to be found. It was later learned that the grievor had left the institution. [4] As a result, Arbitrator Sheehan issued a decision dated March 9, 2022 (GSB#2021-1293, OPSEU (Dos Anjos) v. Crown in Right of Ontario (Ministry of the Solicitor General)), in which he noted as follows: 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 the 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. [5] On March 10, 2022 the grievor was sent a copy of the Sheehan decision along with a letter from the Union advising him that his grievance would be scheduled for the mediation/arbitration session to be held on April 20 and 21, 2022. About one week before the scheduled mediation/arbitration dates, the Local Union President spoke to the grievor and reminded him again that he had to attend the April dates, or his grievance could be dismissed or withdrawn. - 3 - [6] Although the parties waited for the grievor to attend on either April 20 or 21, 2022, by the end of the second day he had not done so, nor had he contacted anyone to provide an explanation for his non-attendance. [7] Grievors should understand that it is necessary for them to attend at mediation/arbitration sessions if they wish to pursue their grievances. If they do not wish to pursue a grievance, they should so advise the Union, and withdraw their grievance. The Board and the parties waste valuable resources of time and money when a grievor who does not wish to pursue their grievance fails to either attend a mediation/arbitration proceeding, or advise the Union that they are no longer interested in having their grievance addressed. [8] In all of the circumstances of this case, I find that the grievor has abandoned his grievance, and it is therefore dismissed. Dated at Toronto, Ontario this 22nd day of April 2022. “Gail Misra” ___________________ Gail Misra, Arbitrator