HomeMy WebLinkAbout2011-3150.Sguazzin.19-01-25 DecisionCrown 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# 2011-3150
UNION# 2011-0521-0041
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sguazzin) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola
Treasury Board Secretariat
Employee Relations Advisor
HEARING November 7, 2018
-2-
DECISION
[1] Mr. John Sguazzin, a Correctional Officer 2 at Ontario Correctional Institute, now
retired, filed a grievance on November 30, 2011, when he was at Mimico
Correctional Centre, alleging that the employer breached Articles 2 of the
collective agreement, by disposing of property left in his locker. The employer
submits that ample notice was given to employees to clear their lockers and that
the grievor did not do so. Thus, there has been no breach of the collective
agreement and there is no evidence to support a claim for damages.
[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 evidence put before me including documents
submitted by the union and the employer, the submissions of the parties on the
grievance, as well as the jurisprudence of the Board, I hereby deny the
grievance.
Dated at Toronto, Ontario this 25th day of January, 2019.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator