HomeMy WebLinkAbout2015-3197.Sipila.16-12-06 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#2015-3197
UNION#2016-0368-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sipila) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 24, 2016
- 2 -
Decision
[1] Ms. Jen Sipila, a Correctional Officer at the Central East Correctional Centre, filed a
grievance on February 9, 2016, alleging that the employer breached the collective
agreement by disciplining her with an eight hour suspension. She seeks full redress
and to have the discipline removed from her record. The employer submitted that
there was no violation of the collective agreement and the discipline was appropriate
in all of the circumstances.
[2] The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the collective agreement. At the outset of the hearing, the parties agreed
that I had the jurisdiction to deal with this matter. They asked that I issue a decision
without precedent or prejudice, and without written reasons.
[3] Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I have decided to substitute the eight hour suspension
with a lesser penalty. The employer is hereby ordered to remove the letter imposing
the eight hour suspension and replace it with a letter of reprimand. The employer is
also ordered to pay the grievor for the eight hours.
Dated at Toronto, Ontario this 6th day of December 2016.
Deborah J.D. Leighton, Vice Chair