HomeMy WebLinkAbout2011-3590.Davidson.21-04-20 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# 2011-3590
UNION# 2011-0119-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Davidson) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE
EMPLOYER
Jennifer Charlton
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 28, 2021
-2-
DECISION
[1] Mr. Carl Davidson, Correctional Officer 2 at Stratford Jail, grieved on November
17,2011, alleging that the employer breached Articles 2, and 21 of the collective
agreement when he was disciplined with a three-day suspension.
[2] The employer submits there has been no breach of the collective agreement but in a
Minutes of Settlement between the Ministry and OPSEU, October 1, 2020 the Ministry
agreed to a reduction of discipline according to a schedule. Anyone with a three-day
suspension was entitled to have the discipline reduced to two days, and be reimbursed
for the lost wages, minus normal deductions.
[3] 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 precedential value, and without written reasons.
[4] Having carefully considered, the submissions of the parties on the grievances, as well
as the jurisprudence of the Board, I hereby order the employer to reduce the grievor’s
discipline to two days, and to compensate him accordingly, with lost wages for the day,
minus normal deductions.
Dated at Toronto, Ontario this 20th day of April, 2021.
“D.J.D. Leighton”
_____________________
D.J.D. Leighton, Arbitrator