HomeMy WebLinkAbout2016-0795.Gringhuis.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#2016-0795
UNION#2016-0368-0106
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gringhuis) 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] Mr. Adam Gringhuis, a Correctional Officer at the Central East Correctional
Centre, filed a grievance on June 13, 2016, alleging that the employer breached
the collective agreement by disciplining him with a five day suspension when he
was conducting a work refusal. He seeks full redress, damages, and to have the
discipline removed from his 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 five day suspension
with a lesser penalty. The employer is hereby ordered to remove the letter
imposing a five day suspension and replace it with a letter imposing a three day
suspension. Consequently, the employer is also ordered to pay the grievor for
two days pay.
Dated at Toronto, Ontario this 6th day of December 2016.
Deborah J.D. Leighton, Vice Chair