GSB# 2017-3080

UNION# 2017-5112-0291

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grant)

Union

• and -

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

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Gregg Gray 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.

3Mr. Tre Grant, Correctional Officer, filed a grievance regarding an allegation of improper denial of compassionate leave. The matter was scheduled to be heard at a med/arb session held over a two day period in April of 2018. The Grievor did not attend that session and accordingly his grievance was rescheduled to be heard in the med/arb session to be held on June 26 and 27, 2018. The Grievor did not attend that session either. By decision dated July 9, 2018, the Grievor was directed by a different Arbitrator to attend the med/arb session scheduled for October 29 and 30, 2018, failing which his grievance would be deemed withdrawn.

4For reasons beyond the control of the parties, the October 29 and 30, 2018 dates were cancelled, and the med/arb session was rescheduled to November 19 and 20, 2018 before the present Arbitrator. Although notified by the Union of this session, the Grievor did not attend and no reasonable explanation was provided for his failure to do so.

5The 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), his grievance will be deemed to have been withdrawn.