GSB#2021-1293

UNION#2021-5112-0137

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Dos Anjos)

Union

• and -

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

Employer

BEFORE

Brian Sheehan

Arbitrator

FOR THE UNION

Alex Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Hiona Murray Treasury Board Secretariat Employee Relations Advisor

HEARING

March 2, 2022 (By Videoconference)

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 August 6, 2021, filed by Austin Dos Anjos (the “grievor”), a Correctional Officer 2.

3The Union sent notice to the grievor advising that his grievance was scheduled to be addressed at Mediation/Arbitration proceedings taking place on March 1 and 2, 2022, by way of Zoom video conference.

4The grievor attended at the March 2, 2022, Mediation/Arbitration proceeding but abruptly left without explanation when the parties were in the midst of discussing his grievance.

5It is imperative that a grievor make reasonable efforts to fully participate in the adjudication of a grievance processed on his behalf, and his unexplained departure from the proceeding can be rightly viewed as an abandonment of the grievance by the grievor.

6The next med/arb session at TSDC is scheduled for April 20 and 21, 2022. The grievor is hereby ordered to attend on one of those days and participate in the process with respect to his grievance. The failure of the grievor to comply with this order may result in his grievance being deemed withdrawn.