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

Felicity D. Briggs

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

June 27, 2018

Decision

1. The Employer and the Union at the Toronto South Detention Centre participated in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2. Mr. Tre Grant, Correctional Officer, filed a grievance regarding an allegation of improper denial of compassionate leave. The matter was scheduled to be heard at the last 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 held on June 26 and 27, 2018.

3. The local President of the Union sent the grievor an email on May 25^th, 2018 informing him that his grievance would be heard at this session and gave him the option of attending on either day.

4. The grievor failed to attend this session. No reasonable explanation was provided.

5. There is no dispute between the parties that this grievance is appropriate for the med/arb process.

6. The next med/arb session involving the Union and this facility is to take place on October 29^th and 30^th, 2018. The grievor is to attend on one of those days and participate in the process or his grievance will be deemed to have been withdrawn.

Dated at Toronto, Ontario this 9^th day of July, 2018.