HomeMy WebLinkAbout2013-1116.Rundle.14-11-04 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#2013-1116, 2013-1117, 2013-2387, 2013-2388, 2014-0913
UNION#2013-0135-0008, 2013-0135-0009, 2013-0135-0015, 2013-0135-0016, 2014-0135-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rundle) 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 Jackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Staff Relations Advisor
HEARING October 29, 2014
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Decision
[1] The Employer and the Union at the South West Detention Centre agreed to participate in
the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol.
A number of 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. Ryan Rundle, a Correctional Officer since 2003 filed five grievances. On April 8,
2014 he was informed that he would receive a five-day suspension for an incident that
occurred on April 18, 2013. He had previously been suspended with pay pending an
investigation for this incident. He alleged that he was disciplined without just cause and
additionally requested that he be fully compensated for missed statutory holidays and
missed overtime opportunities for the period he was on paid suspension.
[3] The Board has previously dealt with the matter of missed overtime opportunities and paid
holidays not worked while on a paid suspension and there is nothing about these two
grievances which would lead to a different result. Accordingly, those grievances are
denied.
[4] I heard from both the grievor and the Employer regarding the incident of April 18, 2013.
After consideration I am of the view that there was cause for discipline but a five-day
suspension was too harsh a penalty. I order the Employer to reduce the suspension to
three days. The grievor is to be appropriately compensated for the two days and the
record is to be adjusted accordingly.
[5] The fourth grievance was regarding an allegation that an Operational Manager told one of
the grievor’s co-workers that new management was brought in to “clean house” and that
the grievor should be fired. It was the grievor’s view that he was “targeted” for
harassment. I did not hear from the Operational Manager. If this comment was made, and
for the purposes of this decision I accept that it was, it was certainly poor management, if
not harassment. I am prepared to declare that such comments are at the very least,
inappropriate in the workplace. However, I am of the view that there is no further remedy
that should be ordered.
[6] The final grievance alleges that the Employer violated the Collective Agreement by
ordering the grievor to immediately write an incident report in the presence of an
Operational Manager and without Union representation. The Employer did not deny these
facts but suggested that there has been no violation of the Collective Agreement. I agree
and this grievance is dismissed. There is no right to Union representation when writing
incident reports.
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[7] I remain seized in the event there are any implementation difficulties.
Dated at Toronto, Ontario this 4th day of November 2014.
Felicity D. Briggs, Vice-Chair