HomeMy WebLinkAbout2009-2568.Richer.10-10-18 Decision
en.n EiJJpIo)II!es
Grievance
Settlement Board
Commission de
riglement des griefs
des~dela
eor.ome
~
smte mo
180 IJlndas 5t WesI
TCJRJrm. QBiD IofiG 1ZB
Tel (4-16) 326-1388
Fax (4-16) 326-1396
Ibeau mo
100. rue IJlndas Ouest
TCJRJrm (0nIari0) M5G 1ZB
Tel: (4-16)326-1388
T~ : (4-16) 326-1396
ontario
GSB#2009-2568
UNION# 2009--0411-0226
IN THE MATIER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COlLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETILEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Richer)
limon
- aad -
The Crown in Right of Ontario
(Minis1Iy of Comrmmity Safety and Correctional Services)
Employer
BEFORE
Felicity D_ Briggs
Vtre-Chair
FOR THE UNION
Laurie Sabourin
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Gary Wylie
Minis1Iy of Government Services
Employee Relations Divisioo.
Employee Relations Advisor
lIEAKING
October 5~ 2010_
-2-
Decision
[1] The Employer and the Union at the Ottawa Carleton Detention Centre
agreed to participate in the EXPedited Mediation-Arbitration process in
accordance with the negotiated ProtocoL Most of the grievances were
settled through that process_ However~ a few remained unresolved and
therefore require a decision from this Board The Protocol provides that
decisions will be issued within a relatively short period of time after the
actual mediation sessions and will be without reason5_ Further~ the decision
is to be without prejudice and precedent
[2] Yvan Richer is a Correctional Officer who received a ten-day suspension for
a variety of reasons inclllmne a failure to declare a conflict and delivay (or
attempted delivay) of contraband to an inmate_ It was the Employer~s view
that its investigation substantiates the allegations and accordingly the level
of discipline was appmpriate_ In the altemative~ because of the grievor~s
attitude when confronted with these allegations included a total lack of
remorse~ the penalty should remain unaltered
[3] The Union urged that the suspension was too severe_ The grievor stated that
while many of the allegations were true, he was not guilty of all_ He thought
that the Superintendent at the time was "'out to get him~ _ He also did not
recall that he was belligerent or showed any inappropriate conduct during
the grievance procedme_
[4] After reviewing the documentation I am of the view that the grievor did
violate various policies as aIlegal It may be that he is not guilty of evay
-3-
allegation as set out in the letter of discipline_ However, those allegations
that, in my view, were substantiated by the Employer are of a nature that
would bring about a considerable penalty_ Further, I believe the Employer's
assertion that the grievor did not appreciate the sienificance of the
infractions_ I am also not convinced that the grievor accepted responsibility
and was remorseful for his actions_ During his discussion in the medlarb
process, the grievor continued to explain that the Employer was wrong about
a number of issues and stated that he was treated harshly_ There seemed
insufficient recognition ofhis indiscretions_
[5] Having said that, I also understand the Union's submissions that a ten day
suspension is a significant penalty and too harsh in these circumstances_
[6] For those reasons, the suspension is reduced to six. days_
[1] I remain seized of the implementation of this decision.
Toronto this 18th day of October 2010_
-
Felicity D_ Briggs, Vice--Chair