GSB#2016-0401, 2017-1618, 2017-1619, 2018-3231

UNION#2016-0248-0003, 2015-0248-0014, 2015-0248-0015, 2018-0248-0154

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Smith)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Gail Misra

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Michelle LaButte Treasury Board Secretariat Employee Relations Advisor

HEARING

October 29 and 30, 2019

DECISION

1The Employer and the Union at the Hamilton Wentworth Detention Centre (“HWDC”) 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 written reasons.

2Stephen Smith has filed four grievances between June 2015 and June 2018.

3These matters were scheduled to be heard at a med/arb session held over a two day period on October 29 and 30, 2019. The Grievor did not attend at either day of the session, and no reasonable explanation was provided for his failure to do so.

4The Grievor is directed to attend at the next med/arb session at the HWDC. That session is currently scheduled for April 1 and 2, 2020. If the Grievor fails to attend and fails to fully participate in the process on those dates (or any rescheduling of those dates), he should understand that the Union may proceed with his grievances in his absence, and/or his grievances may be deemed to have been withdrawn.