HomeMy WebLinkAbout2010-0749.Friesen et al.11-02-11 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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Couronne
Suite 600 Bureau 600
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Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
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GSB#2010-0749, 2010-0782, 2010-0783, 2010-0785, 2010-0786, 2010-0788, 2010-0789,
2010-1637, 2010-2269, 2010-2270
UNION#2010-0369-0067, 2010-0369-0074, 2010-0369-0075, 2010-0369-0077,
2010-0369-0078, 2010-0369-0080, 2010-0369-0081, 2010-0369-0174, 2010-0369-0210,
2010-0369-0211
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Friesen et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews, Tim Mulhall
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Karen Martin, Brian Scott
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officers
HEARINGNovember 26, 2010.
- 2 -
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have
DJUHHGWRD³7UXH0HGLDWLRQ$UELWUDWLRQ´SUocess, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
[2]The grievances in this case relate to discipline imposed on the grievors for an incident
following the disciplining of another employee on March 10, 2010. The grievors were
disciplined for abuse of sick leave that the employer alleges occurred after the other
employee was disciplined.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievances should be upheld in part. Any concerted effort to use
withdrawal of service to bring pressure on the employer on labour relations issues is a
serious breach of conduct that can attract severe penalties. The incident was the first in
the institution in recent memory, and was somewhat limited in impact. The discipline for
all grievors is hereby reduced to a written warning.
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The disciplinary records of the grievors are to be amended to reflect this reduction in
penalty and any grievor who was originally suspended for the action will be
compensated. I remain seized to deal with any issues arising from the implementation of
this award.
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Dated at Toronto this 11 day of February 2011.
Barry Stephens, Vice-Chair