HomeMy WebLinkAbout2022-11549.Stairs.23-04-12 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# 2022-11549
UNION# 2022-0234-4813
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Stairs) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Hiona Murray
Treasury Board Secretariat
Employee Relations Advisor
HEARING March 7, 2023
- 2 -
Decision
[1] Ms. Brittany Stairs, a Correctional Officer at the Vanier Centre for Women, filed a
grievance on December 6, 2022, alleging that the employer breached the
collective agreement when it issued a three day disciplinary suspension because
she called in sick for a shift on February 20, 2022. The grievor seeks repayment of
the 24 hours of lost wages. The employer maintains that it had just cause to issue
the discipline because the grievor was not ill on February 20, 2022, and therefore
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 find that
discipline was warranted, and a three day suspension was appropriate in the
circumstances. Consequently, the grievance is dismissed.
Dated at Toronto, Ontario this 12th day of April 2023.
“Deborah Leighton”
Deborah Leighton, Arbitrator