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

Brian P. Sheehan Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura McDonald Treasury Board Secretariat Employee Relations Advisor

HEARING

April 11, 2019

DECISION

1The Employer and the Union at the Maplehurst Correctional Complex 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 three grievances filed by Glenn Maitland, a Correctional Officer 2.

3The grievor was notified in writing by the Union that his grievances would be dealt with on January 22 and 23, 2019 pursuant to the Expedited Mediation/Arbitration Protocol.

4The grievor has a history of failing to attend Mediation/Arbitration proceedings wherein his grievances are to be dealt with.

5The Union sent two notes to the grievor advising his three grievances were scheduled for the January 22 and 23, 2019 Mediation/Arbitration proceedings.

6The grievor did not attend the January 22 and 23 Mediation/Arbitration proceedings.

7On February 27, 2019, Arbitrator Deborah Leighton issued a decision which contained the following directive:

The 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to attend on one of those days and participate in the process or the three grievances noted here, will be deemed to be withdrawn.

8The grievor failed to appear at the April 10 and 11, 2019 Med/Arb proceedings. Accordingly, his grievances are, hereby, deemed withdrawn.