HomeMy WebLinkAbout2022-6699.Gilbert.23-02-15 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB#2022-6699
UNION#2022-0248-0516
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gilbert) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah Leighton Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Ben Jensen
Treasury Board Secretariat
Employee Relations Advisor
HEARING February 8, 2023
- 2 -
Decision
[1] Mr. Mark Gilbert, a Correctional Officer at the Hamilton Wentworth Detention
Centre, filed a grievance on June 25, 2022, alleging that the employer breached
the collective agreement when it issued a three day disciplinary suspension for
leaving the institution an hour before the end of his night shifts on April 2 and
April 3, 2022. The grievor seeks repayment of the 24 hours of lost wages. The
employer maintains that it had just cause to issue the discipline and there has
been no breach of the collective agreement.
[2] 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.
[3] Having carefully considered the submissions of the parties on the allegations of
the breach of the grievor’s rights and the jurisprudence of the Board, I hereby
deny the grievance.
Dated at Toronto, Ontario this 15th day of February 2023.
“Deborah Leighton”
Deborah Leighton, Arbitrator