GSB# 2017-0415

UNION# 2017-5112-0105

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Salmon)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Employee Relations Advisor

HEARING

November 20, 2018

DECISION

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that an Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On November 19 and 20, 2018 the parties at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3The Grievor’s grievance has been scheduled for several med/arb sessions, including the current one. Despite having been given notice of each, she has not attended any of those sessions and has failed to provide a reasonable excuse for her failure to do so.

4The Grievor is directed to attend at the next med/arb session at this facility before this arbitrator. That session is currently scheduled for February 21, 2019. If the Grievor fails to attend and fails to fully participate in the process on that date (or any rescheduling of that date), her grievance will be deemed to have been withdrawn.