HomeMy WebLinkAbout2016-2775.Lamb.17-11.24 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#2016-2775
UNION#2017-0708-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lamb) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 16, 2017
-2-
Decision
[1] The Employer and the Union at the Thunder Bay Correctional Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. A number of the grievances were settled through that
process. However, this grievance remained unresolved requiring a decision from
this Board. The Protocol provides that decisions will be issued within a relatively
short period of time after the actual mediation sessions and will be without reasons.
Further, the decision is to be without prejudice and precedent.
[2] Ms. Allison Lamb worked as a Correctional Officer at the Thunder Bay Correctional
Centre. She received a two-day suspension as the result of a heated interaction
with an Operational Manager.
[3] The Employer was of the view that given the grievor’s disrespectful conduct – for
which she showed no remorse when confronted – was such that a two-day
suspension was warranted.
[4] The Union noted that the grievor had no discipline on her file and for that reason
only a letter of reprimand is appropriate.
[5] After considering the facts and submissions I am of the view that there is just cause
for discipline. I disagree with the Union that a letter of reprimand would be sufficient
and find that a one-day suspension is the appropriate quantum. Accordingly, the
Employer is to alter the grievor’s record and pay to her one day of wages. I remain
seized.
Dated at Toronto, Ontario this 24th day of November 2017.
Felicity D. Briggs, Arbitrator