HomeMy WebLinkAbout2015-2489.Stickle.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# 2015-2489
UNION# 2015-0229-0030
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Stickle) 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
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER David Marincola / Samantha Gray
Treasury Board Secretariat
Employee Relations Advisor / Labour
Relations Intern
HEARING November 7, 2018
-2-
DECISION
[1] Mr. Gary Stickle, a Correctional Officer 2 at Ontario Correctional Institute, filed a
grievance on October 19, 2015, alleging that the employer breached Articles 2,
and 3 of the collective agreement. The union alleges that management should
not have required the grievor to write an occurrence report on being late for a
morning shift, after already making him sign a late slip. By way of a remedy, the
union seeks an order that the differential treatment and harassment cease, and
compensation. The employer submits that there has been no breach of the
collective agreement and there is no evidence to support a claim for harassment
and differential treatment.
[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