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HomeMy WebLinkAbout2018-3528.McGillvray.21-01-11 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# 2018-3528; 2018-3529; 2018-3628 UNION# 2018-0616-0010; 2018-0616-0011; 2018-0616-0012 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McGillvray) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Reva Devins Arbitrator FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Justin O’Gorman Treasury Board Secretariat Employee Relations Advisor HEARING December 7, 2020 - 2 - Decision [1] This matter proceeded as a mediation/arbitration, pursuant to s. 22.16 of the Collective Agreement. The parties were able to resolve a number of issues in dispute, however, they requested that a decision be issued with respect to the imposition of a one-day suspension for alleged misconduct in the execution of the Grievor’s duties. [2] I have considered the evidence and submissions of the parties and determined that the imposition of discipline was not warranted in all the circumstances of this case. I would therefore allow the grievance and order that the letter of suspension by rescinded, but with no award of further compensation. [3] I will remain seized in the event that an issue arises with respect to the interpretation or implementation of this decision. Dated at Toronto, Ontario this 11th day of January, 2021. “Reva Devins” ________________________ Reva Devins, Arbitrator