HomeMy WebLinkAbout2014-5045.Dvorak.15-11-18 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#2014-5045
UNION#2015-0368-0092
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dvorak) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Belinda A. Kirkwood Vice-Chair
FOR THE UNION Elba Bendo
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Susan Munn
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING November 16, 2015
- 2 -
Decision
[1] The Grievance claimed that the Employer had violated Articles 2, 3.2 and 21 of
the collective agreement by improperly disciplining the Grievor while he was
conducting duties as an elected executive member of Local 368.
[2] The Grievor received a five day suspension for having, and using a cellphone
while on duty, contrary to the Institutional Services Policy and Procedures
Manual, and for failing to follow a directive of his manager to wait in the servery
for the manager’s direction, contrary to the Code of Conduct and Professionalism
policy, following an interaction on a Health and Safety matter on January 8, 2015.
[3] The matter proceeded under Artticle 22.16 of the collective agreement and the
parties agreed that I should award a ‘bottom line’ decision.
[4] After hearing the submissions of Counsel and reviewing the documents and case
law filed, I find that while there was just cause for discliplining the Grievor for
possession and use of a cellphone while on duty, and for failing to follow his
manager’s directives on January 8, 2015, in the circumstances that the penalty
be reduced to a one day suspension.
Dated at Toronto, Ontario this 18th day of November 2015.
Belinda A. Kirkwood, Vice Chair