HomeMy WebLinkAbout2021-0214.Hollahan.21-08-20 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# 2021-0214
UNION# 2020-0369-0023
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hollahan) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE D.J.D. Leighton Arbitrator
FOR THE UNION Alex Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING DATE May 13, 2021
SUBMISSIONS May 17, 2021
- 2 -
DECISION
[1] Mark Hollahan, a Correctional Officer, at Central North Correctional Centre,
grieved on July 7, 2020, that the employer breached the collective agreement
and any other applicable law, when it suspended him without just cause for one
day on July 3, 2020. He seeks pay for the lost shift.
[2] The employer submitted that there was no breach of the collective agreement as
the grievor’s misconduct was significant, and that the grievance should be
dismissed.
[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 grievance, as
well as the jurisprudence of the Board, I hereby dismiss the grievance.
Dated at Toronto, Ontario, this 20th day of August, 2021.
“D.J.D. Leighton”
_______________________
D.J.D. Leighton, Arbitrator