HomeMy WebLinkAbout2019-2921.Winsley.20-12-11 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# 2019-2921
UNION# 2020-0368-0049
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Winsley) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Emily Lewis
Treasury Board Secretariat
Employee Relations Advisor
HEARING December 8, 2020
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that an Arbitrator of the Board, based on
the evidence provided during the mediation session, will immediately decide the
grievance. The decision will be without reasons, without precedent and prejudice
and will be issued within fifteen working days of the mediation unless the parties
agree otherwise.
[2] On December 7 and 8, 2020 the parties at the Central East Correctional Centre
agreed to participate in the Expedited Mediation-Arbitration process in accordance
with the negotiated protocol.
[3] The Grievor received a two day suspension in relation to his use of profanity in the
workplace in the presence of children (attending during a “Bring Your Child to
Work Day”) and, on a separate day, in the presence of a third party contractor. On
the first occasion he also disparaged the Ministry. He seeks to have the
suspension removed from his record and to be made whole.
[4] Having considered the representations of the parties, I conclude discipline was
warranted. Having regard to all of the circumstances, I do not consider this to be
an appropriate case to substitute a lesser penalty.
[5] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 11th day of December, 2020.
“Ian Anderson”
________________________
Ian Anderson, Arbitrator