Ontario Public Service Employees Union (Lobo) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2019 CanLII 126465

GSB# 2014-2853

UNION# 2014-5112-0106

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lobo)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

James Cheng Treasury Board Secretariat Employer Relations Advisor

HEARING

December 5, 2019

Decision

1The Employer and the Union at the Toronto South Detention Centre (TSDC) agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent.

2This Award concerns a grievance dated June 25, 2014, filed by Naveen Lobo who is employed in the Nurse 2 classification.

3The Union sent notices to the grievor advising that her grievance was scheduled for the October 23 and 24, 2019 and December 4 and 5, 2019 Mediation/Arbitration proceedings taking place at the TSDC.

4The grievor failed to attend both of those Mediation/Arbitration proceedings.

5It is imperative that a grievor make reasonable efforts to participate in the adjudication of a grievance processed on her behalf; and a failure to attend scheduled proceedings can be rightly viewed as an abandonment of the grievance by the grievor.

6The next med/arb session at TSDC is scheduled for February 5 and 6, 2020. The grievor is hereby ordered to attend on one of those days and participate in the process with respect to her grievance. The failure of the grievor to comply with this order will result in her grievance being deemed withdrawn.