HomeMy WebLinkAbout2005-3077.Sauve.08-04-14 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2005-3077
UNION# 2005-0411-0084
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sauvé)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Reva Devins
FOR THE UNION
Scott Andrews and Stephen Giles
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Faith Crocker and Gary Wylie
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING April 9, 2008.
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve
grievances at the Carleton Detention Centre. It is not necessary to reproduce the entire Protocol
here. It is sufficient to state that the parties have agreed that this matter be decided as a ?True
Mediation-Arbitration?. The Vice Chair is required to resolve the grievance immediately
following a failed mediation based on the evidence provided in the mediation session. The Vice-
Chair?s decision will be issued within fifteen days, without reasons and without precedent and
prejudice.
In this case, the grievance asserts the Grievor was unfairly disciplined.
The Grievor was involved in a verbal altercation with a co-worker. The co-worker filed a WDHP
complaint and the Grievor was suspended with pay pending an investigation. Upon completion
of the investigation, a pre-disciplinary meeting was held and the Grievor was suspended for one
day without pay.
The Grievor does not deny engaging in the alleged conduct, but maintains that the discipline was
excessive. The Employer submitted that the Grievor had previously been counselled with respect
to two similar incidents and that he did not show any remorse for his conduct. Management
maintains that the suspension was an appropriate disciplinary response.
Having heard the submissions of the parties, I have determined that the suspension is not
excessive having regard to all the circumstances. The grievance is dismissed.
3
th
Dated at Toronto, Ontario, this 14 day of April, 2008
Reva Devins
Vice-Chair