GSB# 2015-1655; 2015-2814; 2017-0177

UNION# 2015-0234-0144; 2015-0234-0184; 2017-0234-0045

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Maitland)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Veronica Connors Treasury Board Secretariat Employee Relations Advisor

HEARING

January 22, 2019

DECISION

1Mr. Glenn Maitland, a Correctional Officer 2 at Maplehurst Correctional Complex, filed three grievances on June 26 and December 7, 2015 and March 25, 2017, alleging that the employer has breached various articles of the collective agreement. The grievor was notified in writing by the union that his grievances were to be heard on January 22 and 23, 2019, pursuant to the Expedited Mediation-Arbitration Protocol negotiated by the parties. He responded that he would not attend, and he did not appear. There was no reasonable explanation given for his lack of attendance.

2This is not the first time that the grievor has been notified of his grievances being listed to be heard by the GSB at med-arbs and he has failed to attend. He was notified for hearings on March 7 and 8, 2017 and did not attend. He was notified for hearings on January 10 and 11, and April 4 and 5, 2018 and he did not attend. Before the hearings scheduled for January 22 and 23, 2019, the local sent two notices to the grievor, on January 10 and again, on January 20, 2019. As noted above the grievor did not attend.

3At the outset of the hearing on January 23, 2019, the parties agreed that I had the jurisdiction to deal with this matter. The Protocol provides that grievances not settled during the hearing, will be decided by the arbitrator and the decision issued without reasons. The decisions are also without prejudice and precedent.

4The parties agree that this grievance is appropriate for the expedited med/arb process.

5The next med/arb session at Maplehurst is scheduled for April 10 and 11, 2019. The grievor is hereby ordered to attend on one of those days and participate in the process or the three grievances noted here, will be deemed to be withdrawn.