<!--mc:cls:cover-masthead-->
GSB# 2020-0543
UNION# 2020-0252-0007
<!--mc:close:case-cover-->
## IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Marlow)
## 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
Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING DATE
May 18, 2021
DECISION
[1] The Employer and the Union at the Niagara Detention Centre 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.
[2] The grievor is employed as a Correctional Officer at the Niagara Detention Centre.
[3] On March 24, 2017, the grievor received a 10-day suspension. A grievance challenging that suspension was filed on April 27, 2017. The grievance, however, was not referred to arbitration until June 22, 2020.
[4] The Employer submits that the grievance should be dismissed on account of the failure to comply with the time limits set out in the collective agreement for filing a grievance to arbitration.
[5] The Employer’s position is upheld as the grievance, indisputably, was referred to arbitration well outside the applicable time limits set out in the collective agreement and therefore is untimely. Moreover, given the length of the delay, there is no reasonable basis for the exercise of the statutory discretion under [Section 48 (16)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l2/latest/rso-1990-c-l2.html) of the [Ontario Labour Relations Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l2/latest/rso-1990-c-l2.html) to extend the time limits in question. With respect to the exercise of the statutory discretion, it is also noted that the discipline is now off the grievor’s record.
[6] In light of the above, the grievance is, hereby, dismissed.
<!--mc:open:case-tail-->
Dated at Toronto, Ontario, this 20th day of May, 2021.
<!--mc:close:case-tail-->
minicounsel