HomeMy WebLinkAbout2014-0191.Dawkins.14-07-02 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2014-0191, 2014-0192
UNION#2014-0582-0020, 2014-0582-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dawkins) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Buky Adeoye
Ministry of Government Services
Centre for Employee Relations
Employee Relations Officer
HEARING June 19, 2014
- 2 -
Decision
[1] The Employer and the Union at the Toronto East Detention Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Most of the outstanding grievances were settled through that process. However,
a few grievances remained unresolved and therefore require a decision from this Board.
The Protocol provides that decisions will be issued within a relatively short period of
time after the actual mediation sessions and will be without reasons. Further, the decision
is to be without prejudice and precedent.
[2] Mr. Ian Dawkins has been a Correctional Officer since 1993. He filed two grievances on
March 13, 2014. T he first alleges a breach of a Memorandum of Agreement that was
signed by the parties on December 10, 2008. Included in that settlement was a provision
that the Employer was to “advise Mr. Dawkins of the Deputy Superintendent positions
that become available at the TEDC until June 10, 2011.” According to that agreement,
any application from the grievor for that position was to be given appropriate
consideration. In his March 13, 2014 grievance Mr. Dawkins claims the Employer did not
comply with this provision and that there were a number of positions of which he was not
informed. When asked for documentation in this regard, the grievor replied that he had
brought none to the med/arb session but there were emails he sent and/or received. As a
result he was given a f urther twenty-four hours to provide information. None was
provided.
[3] Not surprisingly it was the Employer’s position that this grievor is considerably out of
time in the filing of this grievance. It was filed almost three years after the obligation to
inform the grievor of certain positions expired. I agree and must dismiss the grievance on
that basis.
[4] The second grievance was regarding a three-day suspension imposed as the result of an
incident on January 16, 201 4. Three allegations were set out as the cause for the three-
day suspension.
[5] I heard that facts and submissions of both parties and viewed video evidence of the
incident. The evidence I saw and heard substantiated the three allegations.
- 3 -
[6] The grievance on its face references a violation of Article 3 – No Discrimination - of the
Collective Agreement. However, when asked, the grievor said that he did not believe that
the Employer discriminated against him in the imposition of this discipline. He felt that
the Employer’s action was arbitrary and without merit but not discriminatory.
[7] I agree with the Employer that there was just cause for some level of discipline. It was
undisputed that Mr. Dawkins has been discipline free to this point. I have taken this fact
and the grievor’s continued lack of accepting responsibility for this incident into account.
For these reasons I am prepared to reduce somewhat the level of discipline.
[8] Accordingly, the suspension is to be reduced to a two-day suspension. The letter of
discipline shall be altered to comply with this ruling and the grievor is to be compensated
for eight hours.
[9] I remain seized.
Dated at Toronto, Ontario this 2nd day of July 2014.
Felicity D. Briggs, Vice-Chair