HomeMy WebLinkAbout2006-1850.Gordon.06-12-19 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2006-1850
UNION# 2004-0582-0117
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Gordon)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Gerry Lee
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Barry Thomas
Labour Management Liaison
Ministry of Community Safety and
Correctional Services
November 1, 2006.
Union
Employer
Vice-Chair
2
Decision
In an effort to resolve issues and grievances arising out of the Employer's "Firewall" and other
emaillIT type investigations, the parties agreed to an expedited mediation-arbitration process in
September 2004. These investigations centred on alleged improper use of the Employer's
information technology resources by MCSCS employees. It is not necessary to reproduce the
parties' agreement here. Suffice it to say, that the parties have agreed to resolve matters at
mediation; failing which they have agreed to utilize an expedited arbitration process. Arbitration
decisions are issued in a manner similar to Article 22.16 of the collective agreement, without
reasons, and are without precedent or prejudice. Due to the enormity and complexity of this
process, witnesses and/or grievors were not called to give oral evidence. The Parties are to be
commended for proceeding to deal with these matters in a pragmatic and professional manner
given all of the circumstances. It is clear that if all the particulars had been litigated by calling
the multitude of required witnesses, scores of hearing days would have been required. The
process undertaken by the Parties provided for a thorough canvassing of the facts prior to and
during the hearing. As a result, I am of the view that the procedure agreed to leads to a fair and
efficient adjudication process.
The grievor in this matter was issued with a 20-day suspension on November 25, 2005, for
breaching the Employer's Workplace Discrimination and Harassment Prevention Policy and the
Operating Procedures on Usage of!. T. Resources (IT Usage Policy). After fully reviewing the
parties' submissions, it is my conclusion that the grievance should be allowed in part. The
employer is directed to reduce the 20-day suspension to a 14-day suspension and reimburse the
grievor for six (6) days pay, minus regular deductions.
As requested by the parties, I shall remain seized of any issues arising from this award.
Dated at Toronto this 19th day of December 2006
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Gerry e
Vice-Chat