HomeMy WebLinkAbout2016-1476 et al.Benner.18-03-19 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#2016-1476; 2016-1983
UNION# 2016-0369-0036; 2016-0369-0049
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Benner) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity Briggs Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Employee Relations Advisor
HEARING DATE January 24, 2018
- 2 -
DECISION
[1] The Employer and the Union at the Central North 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] Judson Benner is a Correctional Officer who filed two grievances. The first was a
grievance regarding a seven-day suspension. His letter of discipline stated that he
“used profanity toward and intentionally intimidated [an inmate] on Unit 2 in order
to gain compliance.” It was contended that his actions were unprofessional and
inappropriate.
[3] It is not necessary to go into the facts of this matter. However, it is necessary to
note that the grievor had earlier discipline on his file for what the Employer
categorized as similar behavior.
[4] I agree with the Employer that the behavior that brought about this seven-day
suspension is of a similar nature. However, in my view the discipline imposed was
too severe. I order that the letter be reissued to the grievor imposing a five-day
suspension. Further, Mr. Brenner is to be compensated for two days.
[5] The second grievance alleged that the Employer violated the Collective Agreement
by denying him “an Expression of Interest developmental line on Unit 2 when there
was still [an] opening available. After hearing the facts and submissions of the
parties I am of the view that the Employer did not comply with the terms and
provisions of the agreement regarding posting of positions. No remedy is ordered
other than this declaration.
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[6] I remain seized.
Dated at Toronto, Ontario this 19th day of March, 2018.
“Felicity Briggs”
_______________________
Felicity Briggs, Arbitrator