HomeMy WebLinkAbout2015-2160.Kennett.15-10-14 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#2015-2160
UNION#2015-0108-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kennett) 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 Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 30, 2015
- 2 -
Decision
[1] The Employer and the Union at the Elgin Middlesex Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. A number of the grievances were settled through that
process. However, this grievance remained unresolved requiring 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] Rick Kennett filed a grievance after an incident that occurred on June 2, 2015.
The grievor alleged that he was suspended from work and sent home resulting in
a four-hour reduction in pay.
[3] The Employer had a considerably different view of the incident. It was contended
that the grievor was unhappy with a managerial decision regarding the placement
of a particular inmate. It was urged by the Employer that the grievor simply did
not like the decision and decided to “pack up and leave”.
[4] This Board was provided with various occurrence reports and the opportunity to
speak with the grievor, the manager and the Superintendent.
[5] I am of the view that the grievor was not suspended and was not told that he was
suspended both on that day and later. On a balance of probabilities I accept that
the grievor chose to leave the workplace after a discussion about what type of
credits he would use to offset his four hour absence.
[6] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 14th day of October 2015
Felicity D. Briggs, Vice-Chair