GSB#2017-0186

UNION#2017-5112-0062

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (MacNeil)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

January 18, 2018

Decision

1Mr. Brent MacNeil, a Corrections Officer at the Toronto South Detention Centre, filed a grievance on March 17, 2017, which proceeded to a hearing on December 13 and 14, 2017, pursuant to the expedited protocol agreed to by the parties (“medarbs”). The grievor did not bring documents with him, necessary for the presentation of his grievance. The grievance hearing was adjourned to the next “medarb” dates on January 17 and 18, 2018 so that he could attend with these documents. He did not attend on either of these dates.

2The employer seeks an order of the Board compelling the attendance of the grievor at the next scheduled “medarb” dates on March 6 and 7, 2018. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue an order on this motion, without precedent or prejudice, and without written reasons.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby order that the grievor must attend on March 6 or 7, 2018 or his grievance may be dismissed for failure to appear.