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Home My WebLink About2000-0797.Monteith.00-09-26 DecisionONTARIOEMPLOYÉS DE LA COURONNE CROWN EMPLOYEESDE L’ONTARIO GRIEVANCECOMMISSION DE SETTLEMENTRÈGLEMENT BOARDDES GRIEFS 180 DUNDAS STREET WEST, SUITE 600, TORONTO ON M5G 1Z8TELEPHONE/TÉLEPHONE,(416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G IZ8FACSIMILE/TELECOPIE:(416) 326-1396 GSB #0797/00 et al. (See Schedule A) OPSEU #00E583 et al. (See Schedule A) IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Grievances listed in Schedule A) Grievor - and - The Crown in Right of Ontario (Ministry of Correctional Services/Monteith Correctional Complex) Employer BEFORE Gerry LeeVice Chair FOR THE Jim Paul and Gavin Leeb GRIEVOR Grievance Officers Ontario Public Service Employee Union FOR THEAnna Gulbinski EMPLOYERStaff Relations Officer Management Board Secretariat HEARINGSeptember 18, 19 & 20, 2000. 2 Schedule A LIST OF GRIEVORS GSB AND OPSEU FILE NUMBERS GRIEVANCE ISSUE (S) GSB File 0797/00OPSEU File 00E583Kevin CLANCY Article 2,21,22 (Dismissal) GSB File 0798/00OPSEU File 00E584Donald COX Articles 2, 21, 22 (Dismissal) OPSEU File 99E153Donald COX Frivolous Investigation GSB File 0822/00OPSEU File 00E610Erin DARRINGTON Articles 2,21,22 (20 day suspension) GSB File 0849/00OPSEU File 00E640David FLAMAIN Articles 2,21,22 (20 day suspension) OPSEU File 00E609Serge BASTIEN Articles 2,21,22 (3 day suspension) GSB File 0788/00OPSEU File 00E582Raymond CAMIRAND Articles 2, 21,22 (3 day suspension) GSB File 0806/00OPSEU File 00E592Brian SNYDER Articles 2, 21, 22 (3 day suspension) GSB File 0801/00OPSEU File 00E587Arnold DRAVES Articles 2, 21, 22 (2 day suspension) GSB File 0802/00OPSEU File 00E588Irvin GARLOCK Articles 2, 21, 22 (1 day suspension) GSB File 0803/00OPSEU File 00E589Michel MINEAULT Articles 2, 21, 22 (1 day suspension) GSB File 0807/00OPSEU File 00E593Barry WHITEHEAD Articles 2, 21, 22 (1 day suspension) GSB File 0805/00OPSEU File 00E591Dennis SILK Articles 2, 21, 22 (Reprimand) 3 DECISION The parties engaged in a mediation/arbitration procedure in accordance with Article 22.16 of the Collective Agreement in an effort to resolve the above-captioned grievances. Article 22.16 envisages that grievances are dealt with in an informal and expeditious manner and that any decisions issued by an arbitrator are to have no precedential value, unless the parties agree otherwise. These thirteen grievances involve the widespread misappropriation of government resources at the Monteith Correctional Complex and the discipline imposed as a result. In the course of these proceedings, I was apprised of the facts and circumstances giving rise to all of the grievances that are currently before this Board. The parties approached the issues in a very professional and appropriate manner and significant progress was made in coming to a resolution of these matters. With respect to the decision to reduce the disciplinary penalties issued to the grievors, it must be emphasized that this Board is not suggesting that the employer be lenient with employees who misappropriate government resources. The primary reason for reducing the disciplinary penalties, including the reinstatement of Grievors Cox and Clancy, is that management at Monteith Correctional Complex failed to consistently follow its own rules, policies and procedures. Furthermore, management condoned the use of government supplies, tools and equipment by these employees for their own personal use. These factors contributed to the grievors not fully recognizing the seriousness of their misconduct. In the absence of these unique and exceptional circumstances, the Board would likely not have chosen to vary the disciplinary penalties. Accordingly, I hereby order as follows: 1. Grievor Donald COX’s termination of employment dated July 26, 2000 shall be rescinded. Mr. Cox shall be reinstated effective January 2, 2001, with the period in between July 26, 2000 and the date of reinstatement being recorded as a suspension without pay and without benefits, but with no loss of seniority. 2. Grievor Kevin CLANCY’s termination of employment dated July 26, 2000 shall be rescinded. Mr. Clancy shall be reinstated October 16, 2000, with the period in between July 26, 2000 and the date of reinstatement being recorded as a suspension without pay and without benefits, but with no loss of seniority. 4 3. Grievors Erin DARRINGTON and David FLAMAIN’s twenty (20) day (160 hour) suspensions shall be rescinded and reduced to a ten (10) day (80 hour) suspension. Accordingly, the grievors shall be compensated for 80 hours pay, minus any regular deductions. 4. Grievors Serge BASTIEN, Raymond CAMIRAND, and Brian SNYDER’s three (3) day (24 hour) suspension shall be reduced to a one and a half (1.5) day (12 hour) suspension. Accordingly, the grievors shall be compensated for 12 hours pay, minus any regular deductions. 5. Grievor Arnold DRAVES’ two (2) day (16 hour) suspension shall be reduced to a one (1) day (8 hour) suspension. Accordingly, the grievor shall be compensated for 8 hours pay minus any regular deductions. 6. Grievors Irvin GARLOCK, Michel MINEAULT, and Barry WHITEHEAD’s one (1) day suspension shall be rescinded and replaced with a letter of reprimand. Accordingly, the grievors shall be compensated for 8 hours pay minus any regular deductions. 7. Grievor Dennis SILK’s letter of reprimand shall be rescinded and replaced with a letter of counsel. 8. All grievances are resolved as a result of this order and accordingly closed. 9. I shall remain seised with respect to these matters and with respect to any implementation issues that may arise from this decision. Dated at Toronto, this 26th day of September, 2000. Gerry Lee, Vice-Chair.