HomeMy WebLinkAbout2015-1902.Evans.16-11-14 Decision
Crown 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#2015-1902
UNION#2015-0337-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Evans) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Spencer Brlek
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 4, 2016
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Decision
[1] In a June 11, 2013 Memorandum of Agreement the parties agreed to continue
the practice of local med/arb sessions throughout the Ministry of Child and Youth
Services. In accordance with this Memorandum of Agreement, the parties held a
med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number
of grievances were addressed from this and other Child and Youth facilities.
Some of the outstanding grievances were resolved but a few including this matter
remained in dispute and therefore require a short decision which is without
prejudice or precedent.
[2] Darren Evans is a Youth Services Worker who was suspended for ten days as
the result of an incident which took place on Saturday August 1, 2015 at
Brookside Youth Centre.
[3] The parties reviewed the facts and there was little – if any – dispute as to what
occurred on that day. The area of dispute was whether the incident was as the
result of the grievor’s exercising his rights to refuse work due to a Health and
Safety concern.
[4] I was persuaded by the Employer that the grievor did not raise Health and Safety
concerns at the time of the incident. Rather, the complaint raised by Mr. Evans at
the time was as the result of the Employer’s failure to replace kitchen staff.
[5] The parties provided fulsome submissions and jurisprudence in this regard.
[6] After consideration of the facts and submissions I am of the view that the
Employer had just cause to discipline the grievor. However, a ten day suspension
was excessive.
[7] I am of the view that given the mitigating factors – including the grievor’s long
term service and clean disciplinary record – that a four day suspension was
appropriate in these circumstances.
[8] I order the Employer to alter the grievor’s letter of suspension as set out in this
decision and compensate the grievor accordingly.
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[9] I remain seized.
Dated at Toronto, Ontario this 14th day of November 2016.
Felicity D. Briggs, Vice Chair